|March 15, 2013||E-Verify…again: How do some Cobb contractors get away with using illegal labor? An education that...||6 comments|
|February 01, 2013||Final version of Cobb’s IMAGE for contractors ordinance: See what the gang of three on the commis...||2 comments|
|February 01, 2013||This is the (gasp) application from ICE that employers complete to start the IMAGE compliance pro...||no comments|
|January 23, 2013||Rich Pellegrino and Lance Lamberton: Two of Cobb’s anti-enforcement, open borders dudes||7 comments|
|January 15, 2013||Help Cobb County Georgia Boss Tim Lee remember what he forgot: send him a link to this video of h...||2 comments|
|January 07, 2013||From the “Tim Lee, don’t forget to remember your promises” department||1 comments|
|January 04, 2013||Questions: Why is Cobb Chairman Tim Lee fighting the effort to insure that taxpayers aren’t payin...||3 comments|
|November 14, 2012||On illegal immigration and a repeat of the 1986 GOP-led amnesty that was to have solved the crisi...||21 comments|
|November 09, 2012||A follow-up on my column||13 comments|
|November 02, 2012||Hope and change, Obama’s illegal aliens move forward by openly working for his re-election||10 comments|
BONUS INFO! WSB TV news video on Smyrna fire station construction included in education!
Fact: “Independent contractors” – known as non-employees or “1099 workers” are not employees and do not complete an I-9 hiring form when hired and cannot legally be run through E-Verify.
It has come to our attention that at least one mayor in Cobb doesn’t understand E-Verify or the ins and outs of how contractors get away with using black-market labor on county jobs.
All systems normal.
E-Verify, which has an official Website, is a no-cost, mostly voluntary, internet based system of verifying work eligibility of newly hired employees. Key word: EMPLOYEES. Once the employer is authorized to use the E-Verify program he must verify every newly hired employee going forward. He may not pick and choose which employee is to be checked. He must check all new hires. He may not use E-Verify as a screening device before employment.
Georgia state law has required public employers and their contractors to use E-Verify since passage of the Georgia Security and Immigration Compliance Act of 2006. That law went into effect July 1, 2007. Thank you, my friend, for your courage and leadership former state Senator Chip Rogers.
This was done despite the objections of the Association County Commissioners of Georgia (ACCG) and the Georgia Municipal Association (GMA) and many other “business groups.”
Except on some federal contracts, the employer may not use E-Verify to check employees’ hired before he was authorized to use the E-Verify system. Again, on the local level, it is only for newly hired employees from date of authorization to use the program.
Each E-Verify user is assigned a unique user number by the U.S. Citizenship and Immigration Service (USCIS) and is obligated to sign an agreement recognizing the limits and responsibilities of being an E-Verify user.
Through use of stolen or forged ID documents an illegal alien can escape detection from E-Verify. Not so for another federal program called IMAGE, which audits the hiring records and ID documents of the employers’ entire workforce. IMAGE can detect stolen Social Security Numbers.
In 2011, the Georgia Chamber of Commerce fought hard - along with the Ag industry, the ACLU, Jerry Gonzalez, various La Raza network groups and the hotel/restaurant industry lobbyists - to try to stop passage of HB 87 – the Georgia Illegal Immigration Reform and Enforcement Act (thanks to my friend state Rep Matt Ramsey). This law, among other important things, expanded the mandate to use E-Verify to private employers with more than 10 employees. Note the word “employees.”
So…how did some of the contractors who built the Cobb County Courthouse – among other documented projects, including at least one Cobb school and recently completed Fire Station in Smyrna – almost get away with using illegal workers?
While Americans who paid the SPLOST to “create the jobs” stood in the unemployment line?
While we pay for the expense of the education and health care of the illegal aliens and their children?
They use illegal workers by hiring them not as “employees” but as “independent contractors” also known as “non-employee workers’ or “1099” workers, after the IRS form they should get at the end of the year.
Often, we see “independent contractors” referred to as “consultants” used as laborers to do construction work. This is an intentional misclassification of labor to avoid labor laws, worker benefits, taxes… and use of E-Verify.
The U.S. Labor Department is planning a study to determine how much workers understand about their own job classification and rights. The U.S. Government Accountability Office estimates more than $2.7 billion in Social Security, unemployment insurance and income tax is lost per year due to misclassification of workers.
VIDEO HERE! Many news reports have been done around the nation with this information. Most recently in Atlanta, by WSB-TV focused on Fire House # 5 in the city of Smyrna, in Cobb County Georgia.
You can get a good idea of what you aren’t being told by your county government by watching the WSB TV Feb 25, 2013 video on the Smyrna fire house construction scandal.
You may want to send this to some of your county commissioners and city government officials.
Note: In addition to educating readers, including mayors in Cobb County, one goal of this write-up is to dare the Cobb legal department to claim – again - that they have a tool in in place for solving this E-Verify dodge. Or that current state law requires the contractors at any level to notify the county, or any other public employer, of any 1099 workers on public jobs. Or to identify those workers to the county.
Here is the final version of the ordinance sponsored by Cobb Commissioners Bob Ott and JoAnn Birrell that would require all contractors to swear on an affidavit that they have applied to the federal government for the IMAGE program certification. Just like Cobb County has already done with a unanimous bipartisan vote.
It is not hard to read. Well, maybe for Helen Goreham, but pretty easy to “get” for most folks. Note that the official estimated time to complete the IMAGE application is 90 minutes (see blog post below this one). Also note that there is no wording that requires that contractors be IMAGE certified before their bid is accepted by the county. Only that they have made a good faith application for that eventuality. Just like Tim Lee and Helen Goreham voted yes on Cobb County as an employer.
It should be noted that this ordinance would halt any possibility of a repeat of the scandal that saw illegal aliens take jobs away from legal workers during the construction of the Cobb Courthouse in 2009 and 2010.
It is my own observation that the funding and assistance Tim Lee and Helen Goreham get from the business community is much more important to them than passing this legislation which is silently opposed by the same people who brought us the illegal population that screams against enforcement and borders in the streets of Georgia.
Sec 2-143. Contractors, protecting jobs for eligible workers, bidding requirements and reducing unemployment.
(1 )- Definitions: For purposes of this section,
(a) “Performance of services” means any work performed by a Contractor for Cobb County, including specifically, but without limitation, any physical work on any County sidewalk, road, structure, building, land, machine, computer, or real property; any planning and design work; any repair, landscaping, maintenance, cleaning, altering, improving, or work on any Cobb County or public property; and the servicing, repairing or demolishing of any public structure, building or road and any other improvements to public real property of any kind within the County.
(b) – “Contractor” means a person, company, corporation, vendor or entity (regardless of level or tier and including independent contractors) that enters into a contract or offers a bid for the “performance of services” with the County or provides labor for payment of any amount in any manner for any purpose.
(2) Intent: It shall be the continuous goal of Cobb County to use all available tools to safeguard tax funds, to protect jobs for eligible workers, to reduce unemployment for eligible workers, and to prevent the utilization of illegal aliens for the “performance of services.” It is the policy of Cobb County that all aliens without federal authorization to work lawfully in the United States shall be prohibited from the “performance of services” for any Contractor hired for payment by Cobb County.
(3) Penalty for violation of this section:
(a) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement, representation or affirmation in an affidavit submitted pursuant to this section shall be guilty of a violation of this Code for false swearing and/or of OCGA 16-10-20 and/or OCGA 16-10-71.
(b) Any persons penalized in accordance with the preceding paragraph shall also be prohibited from bidding on or entering into any other county contract for 12 months from date of such penalty.
(a) Effective July 1, 2013, the County shall not renew or extend any existing contract with any Contractor or consider any bid from any Contractor or enter into any contract or hire for payment for the “performance of services” any Contractor unless and until that Contractor provides a notarized affidavit attesting that such potential Contractor (and any and all of its subcontractors) have submitted a valid, correct and complete application to the United States Department of Homeland Security office now known as ICE to become compliant with and certified under the federal workforce compliance partnership now known as the Mutual Agreement between Government and Employers (IMAGE) program or any equivalent replacement federal program designed to reduce unauthorized employment and the use of fraudulent identity documents. Upon request from the County, the Contractor shall be required to submit a copy of the application to become IMAGE certified under the Mutual Agreement between Government and Employers or such agreement as shall be required under any equivalent replacement federal program.
(b)- The County shall provide the form for said affidavit which shall contain the date of previous IMAGE certification or date of newest application for IMAGE certification and shall be notarized. Affiant shall also acknowledge penalty for false swearing under this Code and pursuant to OCGA 16-10-20 and/or 16-10-71.
(c)- The required affidavit shall include information indicating the number of employees the potential Contractor or vendor employs on the date of the affidavit.and a check box that indicates the contractor’s intention to eventually obtain IMAGE certification.
(d)- An attestation of valid current official IMAGE compliance certification shall substitute for IMAGE certification application.
(e) The required affidavit shall be labeled “IMAGE Certification, County Contracting Eligibility Affidavit.”
(f) The required affidavit may be submitted in person or by mail or copies of the affidavit may be submitted electronically provided the submission complies with OCGA 10-12-1, et seq. Copies of documents submitted by mail or electronically shall satisfy the requirements of the Code. For purposes of this section, electronic submission includes but is not limited to submission via facsimile, internet, or any other method approved by the County.
(g) Affidavits shall be maintained by the County for five years from the date of receipt.
(h) The requirements in this section shall include any future, succeeding, replacement or otherwise newly-named federal immigration, customs or employment enforcement agency that may handle unauthorized employment enforcement that may replace the office now known as “ICE”.
(i) A list of all Contractors, the date of the Contractor’s required affidavit, and/or the date that the Contractor became IMAGE certified shall be posted on the official County website.
(j) The affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for “performance of services”; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 18 of Title 50 shall be redacted. Affidavit shall not be required for performance of services related to: assistance for health care items and services that are necessary for the treatment of an emergency medical condition, weather related emergency services such as, but not limited to, repair, restoration of services such as but not limited to electricity, gas or water supply, clearing of roads sidewalks, snow or ice removal, short term disaster relief, including but not limited to distribution of food, water or life sustaining goods or services including repair work. For short-term, noncash, in-kind emergency disaster relief, for public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; for programs, services, or assistance such as but not limited to soup kitchens, crisis counseling and intervention, and short-term shelter, services deemed to be necessary or required after consultation with appropriate state or federal agencies and departments, or agencies which deliver in-kind services at the community level, including through public or private nonprofit agencies or are necessary for the protection of life or safety as determined by the county.
(k) The required affidavit shall contain date of most recent application and include acknowledgement from signer that contractors that have previously completed affidavits attesting to application for IMAGE certification but are found to have cancelled or rescinded that application without becoming IMAGE certified shall not be allowed to bid on a county contract or engage in performance of services for a period of 24 months from that finding.
(5) Independent contractors, contractors with zero employees.
(a) In lieu of the affidavit required by this subsection and IMAGE application requirements, a Contractor who has no employees and does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of any part or all of the original contract with the County shall instead provide a copy to the County of the Contractor’s valid and unexpired state issued driver's license or valid and unexpired state issued identification card of such Contractor. In addition, if the Contractor intends to utilize independent contractors for the “performance of services,” the Contractor shall provide to the County prior to the “performance of services” by the independent contractor, a copy of the valid and unexpired state issued driver's license or identification card of each independent contractor to be utilized in the satisfaction of part or all of the original contract with the County.
(b) A driver's license or identification card shall only be accepted in lieu of an affidavit if it is issued by a state within the United States and such state verifies lawful immigration status prior to issuing a driver's license or identification card as designated by the Attorney General’s office under state law and posted on the Attorney General’s official website. Copies of drivers licenses or state issued ID cards shall be attached to notarized affidavit from presenter attesting that documents are true and valid.
(c) For purposes of satisfying the requirements of this subsection, copies of such driver's license or identification card shall be forwarded to the County in the same manner as an affidavit.
(d) After executing a contract, in the event that a Contractor determines that it will need to hire employees, retain subcontractors, and/or employ independent contractors to satisfy or complete the “performance of services” under the contract, then the Contractor shall ensure that the requirements of this Code are complied with prior to the “performance of services” under the contract.
(e)- Penalties for violation of paragraph 5(b) shall be the same as designated in paragraphs 3a and 3b.
(f) Copy of drivers license or state issued ID card and attached affidavit as described in this section shall not be required for performance of services related to: assistance for health care items and services that are necessary for the treatment of an emergency medical condition, weather related emergency services such as, but not limited to, repair, restoration of services such as but not limited to electricity, gas or water supply, clearing of roads sidewalks, snow or ice removal, short term disaster relief, including but not limited to distribution of food, water or life sustaining goods or services including repair work. For short-term, noncash, in-kind emergency disaster relief, for public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; for programs, services, or assistance such as but not limited to soup kitchens, crisis counseling and intervention, and short-term shelter, services deemed to be necessary or required after consultation with appropriate state or federal agencies and departments, or agencies which deliver in-kind services at the community level, including through public or private nonprofit agencies or are necessary for the protection of life or safety as determined by the county.
(g) This ordinance shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(6) Effective Date. Unless otherwise noted, all conditions for contracting in this section shall be effective on July 1, 2013
This is the (gasp) application from ICE that employers complete to start the IMAGE compliance program. It seems to scare the dickens out of Tim Lee., Helen Goreham and Lisa Cupid. All of these people have sworn an oath of office. All of them said “trust me” when they ran for office.
I like this part at the bottom (emphasis mine):
“Public Reporting Burden. U.S. Immigration and Customs Enforcement is collecting this information as a part of its agency mission under the Department of Homeland Security. The estimated average time to review the instructions, search existing data sources, gather and maintain the data needed, and completing and reviewing this collection of information is 90 minutes (1.5 hours) per response. An agency may not conduct or sponsor, and a person is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget Control Number. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to:
Office of the Chief Financial Officer/OAA/Records Management Branch U.S. Immigration and Customs Enforcement 500 12th Street, S.W., STOP 5705, Washington, D.C. 20536-5705 (Do not mail your completed application to this address.)”
Pretty scary isn’t it?
IMAGE certification for contractors to protect identity theft and jobs in Cobb County? The contractors lobby and Tim Lee are not the only enemies of enforcement -
A two minute video education – Rich Pellegrino and Lance Lamberton: Cobb County’s anti-enforcement, open borders dudes
So that readers don’t get the mistaken idea that Angry Jerry-with-ties-to-SPLC-hate groups– Gonzalez or our local amusing deep-thinker Rich Pellegrino or even the Chamber of Commerce are the only anti-enforcement, open borders advocates around Cobb County Georgia, a news video from 11 Alive TV from Tuesday night’s Cobb BOC meeting. We introduce Cobb legend-in-his-own-mind Lance Lamberton, who not only spoke against saving jobs for legal workers on Cobb county contracts and mindlessly quoted Emma Lazarus but then went on to confirm his open borders ideology on camera.
You can watch the video from 11 Alive for yourself.
Rich Pellegrino, bless his heart, also babbled against enforcement and for another illegal alien amnesty at the BOC meeting. Again. The key difference between Pellegrino’s 3 minute rant objecting to the requirement that Cobb’s tax-funded contractors use legal labor and Lance Lamberton’s was that Lamberton was more well-dressed.
Note to the oh-so-arrogant Lamberton: As others have pointed out, it’s the Statute of Liberty, not the statue of immigration.
Neither is it the statute of open borders. Geez…somebody pass me the pepto? Por favor.
Thanks to 11 Alive for an almost accurate report and the priceless video!
IMAGE protects jobs for legal residents!
Here in Cobb County, Georgia we are trying hard to protect jobs from illegal aliens by passing an ordinance to require contractors to become “IMAGE certified.” IMAGE is a no-cost service from ICE that helps employers – public and private – audit their employment and hiring records to insure that all documents presented by employees when hired are genuine and valid. Much more on the great way to deter illegal immigration can be read from the official DHS IMAGE website. IMAGE involves use of the E-Verify system.
IMAGE compliance also saves jobs for legal workers by exposing illegal aliens and the use of fake ID. The Cobb County Board of Commissioners already voted unanimously and on a bi-partisan basis to Be IMAGE compliant.
According to the quotes in the Marietta Daily Journal, Cobb’s newspaper, Cobb County Chairman Tim Lee Tim Lee was very supportive of the IMAGE certification program when he signed the voluntary agreement with ICE in May of last year for the Board of Commissioners to have their hiring records inspected by ICE to insure that there were no fake documents used to get a job with the county. Here are his quotes then as published in this newspaper:
“The meeting started with a presentation in which Lee signed an IMAGE agreement with Brock Nicholson, ICE special agent in charge for the Atlanta field office. Nicholson said he has been proud to partner with Cobb County, starting with the 287(g) program the agency has with the Cobb Sheriff’s Office, which allows local governments to have access to the ICE database. Since 2007, thousands of Cobb inmates have been identified as illegal immigrants.
“We applaud your forward thinking, we appreciate the partnership,” Nicholson said.
Lee said the IMAGE agreement will help prevent possible terrorist attacks and protect employees against discrimination based upon citizenship or natural origin.”
The message, if there is one, is that Cobb County takes its responsibility very seriously to make sure that everything possibly that could be done is being done to make sure the laws are being followed in our county, and to make sure there’s an opportunity for equal employment for those that deserve it,” Lee said after the meeting.”
VIDEO HERE: In the interest of public knowledge, accuracy and increasing Chairman Lee’s memory, I posted a the official video of that May 2012 Board of Commissioner’s meeting on YOUTUBE.
I hope you watch it. We apologize for the typos, which is entirely my fault. I sent the Dustin Inman Society webmaster the draft version and not the corrected version of the informative text appearing before the video. Oops…
Cobb County Chairman Tim Lee is now apparently going back on the promise he made in July of last year to expand the IMAGE compliance requirement to all of Cobb’s contractors
(see the blog post below this one).
IMAGE certification for Cobb contractors is a no-brainer. Ask yourself why County Boss Tim Lee is now backing up on IMAGE And what powerful well-funded force would make him try to ignore the no-cost federal tool that would expose illegal aliens on the payroll of county contractors paid with taxpayer dollars.
All politics is local. Silence is consent.
Contact Cobb County Chairman Tim Lee: firstname.lastname@example.org
From the “Tim Lee, don’t forget to remember your promises” department - Below is the entire text of an email sent Wednesday, July 25, 2012 @ 3:58 PM to a Cobb County citizen from Chairman Tim Lee’s office with his promise to make an addition to Cobb County law so that all contractors be required to take advantage of the no-cost federal IMAGE program:
Good Afternoon Mrs. Barton and Family,
On behalf of Chairman Tim Lee, I want to thank you for your recent email concerning the federal IMAGE program. Cobb County is proud to be the first county in Georgia to enroll in this important program and as well as having lead the effort with the E-Verify and SAVE verification programs.
It is our intention to bring forward an addition to the county code this January that will require those doing business with Cobb to also enroll in the IMAGE program.
This process will require several public meetings in January and your support on this important addition to the county code would be appreciated.
Notice of these hearings will be provided to the Marietta Daily Journal as well as listed on the county clerk's web site as part of the agenda. www.cobbcounty.org/clerk
We look forward to seeing you in January.
Thank you for writing and for allowing us an opportunity to respond back to you concerning this matter.
Millie Rogers, Chairman's Assistant
Cobb County Chairman's Office
UPDATE - 5:00 PM Friday – We just got a call from Cobb Commissioner Bob Ott. He tells me that he has asked that the language of ordinance be changed to actually reflect requirement that Cobb contractors apply for IMAGE certification. Good work sir! Great news and great work commissioner Ott! We don't think Chairman Lee is going to like this!
UPDATE – Below is the language of the ordinance in question and a link to today’s MDJ news coverage on the scam.
“Sec. 2-143. Employment of Unauthorized Aliens Prohibited. It is the policy of Cobb County that unauthorized aliens shall not be employed to perform work on county contracts involving the physical performance of services. Therefore, the County shall not enter into a contract for the physical performance of services within the State of Georgia unless the contractor shall provide evidence on County-provided forms that it and its subcontractors have registered for and are participating in the federal work authorization program as defined by O.C.G.A. § 13-10-90 et seq. to verify information of all newly hired employees.”
13-10-90 is the definitions section for the 2006 state E-Verify law ---The Cobb BOC itself signed a publicly signed their own agreement with ICE on IMAGE certification in May. This ordinance language is an intentional ruse. Anyone slightly familiar with legislation/immigration and employment verification can see what Lee hopes no one will.
If you haven’t, you can read today’s MDJ news report on the matter here. The headline is very wishful thinking.
Let’s let the feds explain the IMAGE job protection program. The below comes from the DHS Immigration and Customs Enforcement Website:
“IMAGE -- Your Workforce Compliance PartnerBecoming an IMAGE (ICE Mutual Agreement between Government and Employers) member is now easier than ever.
Just a last note before the election on how Obama has fulfilled his promise to “fundamentally change America.”
BTW – According to a new report from the Tomas Rivera Policy Institute at the University of Southern California, illegal immigration from that paradise to our south is back on the rise. Imagine that. The president of the United States ignores American law and the American congress in granting amnesty to another group of illegals, promises general amnesty if re-elected and illegal immigration increases! Who would’a thunkit?