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E-VERIFY SAVE TITLE VI Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

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Page 1: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

E-VERIFYSAVE

TITLE VIPresented by: Glenn O’Steen

Procurement ManagerColumbia County Board of

Commissioners

Page 2: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

E-Verify◦ County and City Usage◦ Contracts◦ Private Employers

SAVE Enforcement Title VI Question and Answer Session

Program Overview

Page 3: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

E-Verify County and City Usage

Page 4: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

It is a Web-based system that electronically verifies the employment eligibility of newly hired employees.

E-Verify is a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA). U.S. Citizenship and Immigration Services (USCIS) oversees the program.

It works by allowing participating employers to electronically compare employee information taken from the Form I-9 (the paper-based employee eligibility verification form used for all new hires) against records in SSA's database and the records in the DHS immigration databases.

What is E-Verify?

Page 5: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

E-Verify is used to verify the employment eligibility of U.S. and non-U.S. Citizens

SAVE is used to verify the legal status of non-U.S. citizens to determine eligibility for public benefits

E-Verify and SAVE Distinctions

Page 6: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Register and Participate in the Federal E-Verify Program

Require All New Employees to Complete an I-9 Form

Maintain a Current E-Verify Account

Post E-Verify Number and Authorization Date on Website

How Do I Comply with City and County Usage Requirements for E-Verify?

Page 7: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

All new employees

◦ Cannot be used for screening potential employees

◦ Cannot be used for existing employees

Who Do I Need to Verify?

Page 8: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

When Do I Need to Verify?

Page 9: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Where Can I Find a Current I-9 Form?

Current Form I-9 Employment Eligibility Verification

can be found at:

http://www.uscis.gov/files/form/i-9.pdf

Page 10: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Handbook for EmployersInstructions for Completing Form I-9

at http://www.uscis.gov/files/form/m-274.pdf

Page 11: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners
Page 12: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Initial verification will return one of three results within seconds:◦ Employment Authorized

The employee is authorized to work◦ SSA Tentative Non-Confirmation

There is an information mismatch with SSA◦ DHS Verification in Process

DHS will usually respond within 24 hours with either an Employment Authorized or DHS Tentative Non-Confirmation

E-Verify: How it Works

Page 13: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

E-VERIFY PROGRAM 13August 6, 2008

Page 14: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

If Employment Authorized, the employer records the system-generated verification number on the Form I-9 or can print out the E-Verify Confirmation Sheet and attach to the Form I-9.

If Tentative Nonconfirmation, the employee can contest the finding and then:◦ Social Security Number mismatches are resolved

with SSA◦ Non-citizen status mismatches are resolved with

DHS If the employee chooses not to contest, it is

considered a Final Nonconfirmation and the employer may terminate the employee and resolve the case.

E-Verify: Case Resolution

Page 15: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

E-VERIFY PROGRAM 15August 6, 2008

Page 16: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Inform the employee and print and review the TNC notice with the employee.

The employee chooses to “contest” or “not contest” the TNC.

Refer the employee to the appropriate agency if the TNC is contested.

The employee has 8 Federal Government workdays from the date of referral to visit or call the appropriate agency to resolve the discrepancy.

Tentative Non-Confirmation (TNC)

Page 17: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Employee continues to work while the case is being resolved.

Once the employee resolves the discrepancy in his or her records, they should inform the employer.

With both a SSA TNC and a DHS TNC, a response is electronically sent to the employer through the system. The employer should check E-Verify periodically for the response.

TNC Case Resolution

Page 18: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

The employer will receive one of three results:◦ Employment Authorized◦ Final Nonconfirmation◦ Review and Update Employee Data then

Resubmit The employer then resolves the case in E-

Verify.

TNC Case Resolution (Continued)

Page 19: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Other Requirements of E-Verify:

• Must maintain photocopy of Employment Authorization Document (EAD), Permanent Resident Card (“green card”) or U.S. Passport or Passport Card if presented by employee on Form I-9

• Must maintain E-Verify Confirmation Sheet with employee’s Form I-9

Page 21: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Contact DHS at [email protected] or at 888-464-4218

Further Assistance Needed

Page 22: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Register for and use E-Verify

Require all new employees to complete an I-9 Form

Maintain a current E-Verify account

Verify all new hires within 3 business days of hire

Recap of County and City E-Verify Usage

Page 23: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

E-Verify Contract Requirements

Page 24: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Applies to All Public Employers

Applies to all Contractors, Subcontractors or Sub-Subcontractors with Employees who Contract with Public Employers

Relates to Contracts for the Physical Performance of Services

E-Verify Public Contract Requirements

Page 25: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

"Physical performance of services" means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property within this state, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor for a public employer within this state under a contract or other bidding process.

O.C.G.A. § 13-10-90

Page 26: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Attorney General’s Advice to State Agencies

Applies to public works contracts and contracts for the maintenance, operation and repair of buildings or structures

When in doubt, ask for an affidavit

What are Contracts for the Physical Performance of Services?

Page 27: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Must state that Contractor is registered for and using E-Verify

Must contain User ID Number and Date of Authorization

Must guarantee that Contractor will use E-Verify throughout the duration of the contract period

Must guarantee that Contractor will only contract with Subcontractors who present E-Verify Affidavit

Must be signed and notarized

Contractor Affidavit Requirements

Page 28: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Counties and cities are responsible for the Contractor Affidavit

Contractors are responsible for the Subcontractor Affidavits

Subcontractors are responsible for the Sub-Subcontractor Affidavits

Who is Responsible?

Page 29: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners
Page 30: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners
Page 31: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners
Page 32: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Department of Audits and Accounts Website

http://www.audits.ga.gov/NALGAD/section_3_affidavits.html

Where to Find Contractor Affidavits

Page 33: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

No Affidavit Required

Must provide a copy of the state issued drivers license or ID (only from states that verify immigration status and are approved by the AG’s Office)

If employees are hired at a later time, must comply with E-Verify Affidavit requirements

What if the Contractor/Subcontractor/Sub-subcontractor has No Employees?

Page 34: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners
Page 35: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Every public employer must submit an E-Verify Contractor Report annually to the Department of Audits by December 31st

E-Verify Contractor Reporting Requirements

Page 36: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Public Employer’s E-Verify Number

Public Employer’s Date of Authorization to use E-Verify

Legal name, address, and E-Verify Number of Contractor

Date of the contract between Public Employer and Contractor

What Information Should be Included in the Report?

Page 37: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Contracts for the physical performance of services, which must include:◦ Public Works Contracts

◦ Contracts for the maintenance, repair and operation of buildings and structures

Discuss further broadening of scope of reported contracts with your county or city attorney

What Type of Contracts Should be Included in the Report?

Page 38: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

O.C.G.A. §13-10-91(7)(A) states, in part, “Not later than December 31 of each year, a public employer shall submit a compliance report to the state auditor certifying compliance with the provisions of this subsection. Such compliance report shall contain the public employer’s federal work authorization program verification user number and date of authorization and the legal name, address, and federal work authorization program user number of the contractor and the date of the contract between the contractor and public employer.”

 

What is the Reporting Period?

Page 39: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

The Georgia Department of Audits and Accounts is working to develop a 2012 template for use by state agencies and political subdivisions that complies with the requirements of this provision and that may be submitted either electronically or by mail.  This webpage will be updated once the approved template and transmission methodology are finalized. 

How Do I Submit My Report?

Page 40: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners
Page 41: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Once you have accessed this page, click on “Compliance Report Template and Instructions” located under the Section 3 information.

After clicking on that tab, you will land on the instructions page.

The report form is located on a separate tab located to the left of the instructions tab labeled “Report Form.”

Submitting the Report

Page 42: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners
Page 43: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Review the general instructions located under the “Report Form Instructions” tab and send the email request to the Department of Audits for instructions on how to submit the report electronically.

To request the electronic instructions, send an email to [email protected] with the subject line “Request HB 87 Instructions.”

Submitting the Report

Page 44: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Contact the Department of Audits at 404-656-9145 or at [email protected].

Questions about Submitting Report

Page 45: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Public Employer Penalties

• If any violations found, given 30 Day Period to correct deficiencies

Page 46: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Loss of Qualified Government Status

Failure to correct = Exclusion from List of Qualified Local Governments

Penalty in place until all deficiencies corrected

Page 47: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Appeals

Public Employer Penalties:

• Appeal Rights to Office of State Administrative Hearings

• Penalties and time to correct tolled until

Final Ruling

Page 48: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Constitutional Officers

Public Employer Penalties:

• Actions by County Constitutional Officer

cannot form basis of any violation

Page 49: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

False Statement Penalties

Penalty for any person who knowingly makes a false statement

on an Affidavit:

• Guilty of obstruction of public administration

• Can be fined up to $1,000.00, imprisoned for at least one year but not more than five years, or both

Page 50: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

• Any Contractor or Subcontractor convicted for false statements will also be prohibited from bidding on or entering into any public contract for 12 months following such conviction

• Such persons or entities will also be listed on www.open.georgia.gov

False Statement Penalties

Page 51: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Good Faith Presumption

No person can be held civilly or criminally liable

for unknowingly accepting a bid from or contracting with a contractor, subcontractor, or sub-subcontractor who is violation the law

Presumption that Public Employer, Contractor or Subcontractor relies on Affidavit in Good

Faith

Page 52: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

The Department of Audits is required to conduct compliance audits on at least half of reporting agencies and publish the results annually by September 30th

The Department of Labor is required to conduct 100 random audits of public employers

Audits

Page 53: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Require all contractors hired for the physical performance of services to sign and submit an E-Verify Contractor Affidavit

Maintain all E-Verify affidavits for 5 years

Submit annual compliance report to the Department of Audits by December 31st

Only hire individuals/businesses with no employees for contracts for the physical performance of services if they are from a verification compliant state as authorized by the AG’s office

Recap of E-Verify Contractor Requirements for Counties and Cities

Page 54: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

E-Verify Requirements for Private Employers

Page 55: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Phase-In Requirements

House Bill 87 phases in new E-Verify Mandate for Private Employers in Georgia:• January 1, 2012 for employers with more than 500 employees;• July 1, 2012 for employers with 100 or more employees;• July 1, 2013 for employers with more than 10 employees.

Page 56: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Before issuing or renewing a business license, occupation tax certificate, or other documents required to operate a business, the city or county must require the private employer to:

◦ Submit an affidavit that they are registered and using E-Verify

OR◦ Demonstrate they are not covered by the law

Private Employer Affidavit Requirements

Page 57: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

The AG’s Office Website

http://law.ga.gov/immigration-reports

Where Can I Find The Private Employer Affidavit?

Page 58: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners
Page 59: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Submit report to DCA annually by December 31st beginning on December 31, 2012

Must identify each license and certificate issued during the previous 12 months.

E-Verify Private Employer Reporting Requirements

Page 60: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Once private employer has submitted the affidavit with their E-Verify number, they can ONLY renew with the same number

Exception: They can renew with another E-Verify number if they provide a sworn document explaining the reason for a new or different E-Verify Number

Private Employer Restrictions

Page 61: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Penalties

Penalties for failing to comply with E-Verify Mandate:

• Employer or government official can be found guilty of Misdemeanor for providing false information

Page 62: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Penalties

Penalties for submitting false or misleading Affidavit:

• Guilty of obstruction of public administration

• Can be fined up to $1,000.00, imprisoned for at least one year but not more than five years, or both

Page 63: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Potential Defenses

Potential Defenses:

• Acted in Good Faith

• Made reasonable attempt to comply

Page 64: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

AG’s Authority

Authority of Georgia’s AG Office:

• Can investigate requirements and bring criminal and civil actions

• Must provide employer 30 days to comply with mandate for good faith violations

Page 65: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

The Department of Audits is required to conduct compliance audits for 20% of reporting agencies

Audits

Page 66: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Require all private employers (as they are phased in) seeking an occupation tax certificate/business license or other required document to sign and submit the E-Verify Private Employer Affidavit or provide proof of exemption

Submit annual report citing all licenses and certificates issued for the preceding 12 months to the Department of Audits starting on December 31, 2012

Recap of E-Verify Private Employer Requirements for Counties and Cities

Page 67: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Use E-Verify for every new hire

Check in to E-Verify every two months to renew password and keep account current

Properly maintain records used in relation to the E-Verify program

Require all contractors doing business with your local government for the physical performance of services to sign and submit the E-Verify Contractor Affidavit

Require all private employers seeking an occupation tax certificate/business license/other required document to sign and submit the E-Verify Private Employer Affidavit or Exemption Affidavit

Publish Employer ID# and Date of Authorization on your government website or the CVIOG website

Submit both required E-Verify reports by Dec. 31st on an annual basis to the Department of Audits

Steps To Take To Ensure Compliance With E-Verify for

Your Government

Page 68: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

SAVE

Page 69: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

The Systematic Alien Verification for Entitlements (SAVE) program is operated by the Department of Homeland Security division of the United States Citizenship and Immigration Services (USCIS)

Used to determine the legal status of individuals seeking federal, state or local public benefits through benefit granting agencies

What is the SAVE program?

Page 70: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

1. Step One: Online registrationhttps://

save.uscis.gov/Registration/Reglogin.aspx?JS=YES

2. Step Two: Submit the ACCG Check Listhttp://www.accg.org/library/SAVE_Checklist.pdf

3. Step Three: Sign and Submit the MOA Packet

How Do I Register for the SAVE Program?

Page 71: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Terms of Notice Agreement

Page 72: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Signing up for the SAVE Program

Page 73: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

First step of Registration

Page 74: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Registration User Information

Page 75: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

SAVE Program Registration Confirmation

Page 76: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Completing Online Registration

Page 77: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Begin SAVE Program Registration

Page 78: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Entering the Agency Name

Page 79: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Entering the Agency Point of Contact

Page 80: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Selecting the Public Benefits

Page 81: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

SAVE Checklist

Page 82: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Entering the Legal Authority

25O.C.G.A.§ 50-36-1

Page 83: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

https://save.uscis.gov/web

Where Do I Access the SAVE Website?

Page 84: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

The affidavit should be used when anyone meeting the definition of “applicant” applies for a public benefit with your government

If the person requesting the benefit is not a U.S. Citizen, their alien ID number submitted with the affidavit must be verified through the SAVE system

How Do I Use the SAVE Affidavit?

Page 85: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Sample Affidavit

Page 86: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

An “applicant” is any natural person, 18 years or

older, who has made application for access topublic benefits on behalf of an individual,business, corporation, partnership or otherprivate entity.

O.C.G.A. § 50-36-1(a)(3)

Who is an Applicant?

Page 87: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Immigrants

Non-immigrants

It CANNOT be used to verify U.S. Citizens

Who can be verified through SAVE?

Page 88: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Federal Public Benefit Definition

State and Local Public Benefit Definition

Statutory List of Benefits

Public Benefits that Apply to Local Governments

AG’s List of Public Benefits

What is a Public Benefit?

Page 89: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

8 U.S.C. Section 1611 (c) (1) defines ‘federal public benefit’ as:

“any grant, contract, loan, professional license, or commercial

license provided by an agency of the United States or by appropriated funds of the United States; and  any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance,unemployment benefit, or any other similar benefit for whichpayments or assistance are provided to an individual,

household,or family eligibility unit by an agency of the United States or

by appropriated funds of the United States. “

Federal Public Benefit

Page 90: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

8 U.S.C. Section 1621 (c) (1) defines ‘state and local publicbenefit’ as:

“any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and  any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance,unemployment benefit, or any other similar benefit for whichpayments or assistance are provided to an individual,

household,or family eligibility unit by an agency of a State or localgovernment or by appropriated funds of a State or localgovernment.”

State and Local Public Benefit

Page 91: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Adult Education Cash Allowance Disability Insurance Down Payment Assistance Energy Assistance Food Stamps Gaming License Health Benefits Housing Assistance

List of Public Benefits in Statute

Medicaid Occupational License Professional License Rent Assistance State Grant or Loan State ID Card TANF Unemployment

Insurance Welfare to Work

Page 92: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Business certificate, license or registration

Business loan Loan guarantee Registration of a

regulated business

Tax certificate required to conduct a commercial business

Authorization to conduct a commercial enterprise or business

List of Public Benefits in Statute

Page 93: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Commercial Licenses/Occupational Taxes

◦ Alcoholic Beverage License

◦ Occupation Tax Certificates

◦ Taxicab Licenses

◦ Insurance Company Licenses (Cities only)

ACCG/ GMA Public Benefits List

Page 94: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Employee Benefits

◦ Retirement

◦ Health

◦ Disability

ACCG/ GMA Public Benefits List

Page 95: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Contracts

Miscellaneous Licenses:◦ Auctioneers◦ Transient businesses◦ Pawn brokers◦ Massage therapists◦ Billiard rooms operations◦ Fortune telling and palmistry

◦ Precious metals and gem dealers

◦ Flea markets◦ Peddlers and

itinerant peddlers

ACCG/ GMA Public Benefits List

Page 96: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Submit annual report to Department of Community Affairs by January 1st each year

Identify all benefits administered by the county or city

Identify all benefits for which SAVE authorization for verification has not been achieved

Reporting Requirements

Page 97: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Public Benefits Reporting

Page 98: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Register for the SAVE program Annually renew SAVE registration Document all correspondence with DHS Check with your county or city attorney in the

event the SAVE system is unable to verify an alien ID number

Use the sample affidavit form for all departments that provide public benefits

Review the annual list of benefits prepared by the AG’s Office with your county or city attorney to determine if they apply to your government

Submit annual public benefits report to DCA by January 1st

Use secure and verifiable documents

Steps To Take To Ensure Compliance With SAVE

Page 99: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

E-Verify◦ No charge to use◦ Use for all new hires◦ All private employers seeking

occupation tax certificates must provide affidavits

◦ All contractors, subcontractors, and sub-subcontractors doing business with the government must provide affidavits

◦ Post E-Verify ID # & authorization date on govt or CVIOG website

◦ Submit both annual reports by December 31st to the Department of Audits

◦ Only accept drivers’ license & ID’s listed by AG’s office

◦ Penalties for Noncompliance

SAVE◦ 50¢ per inquiry/$25 month◦ Use for public benefit

eligibility◦ Only use for non-U.S.

citizens◦ Require all applicants to

sign affidavit◦ Submit annual public

benefits report to DCA by January 1st

◦ Only accept secure and verifiable documents as provided by the AG’s office

◦ Penalties for noncompliance

Review

Page 100: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Enforcement

Page 101: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Seven members

Attached to Department of Audits

All matters determined by majority vote

Immigration Enforcement Review Board

Page 102: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Review and investigate complaints

Take remedial action (hold hearings and compile evidence)

Subpoena relevant documents and witnesses

Only applies to State and local governments

Duties

Page 103: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Complaints May be Filed by Legal Residents that are Legally Registered to Vote

Method to File Posted on the Department of Audits’ Web site

Filing and Investigating Complaints

Page 104: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Must meet once every three months

Required to send notice

Must issue written report of findings◦ Evaluations◦ Judgments◦ Recommendations

Board Meetings

Page 105: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Initial reviews by panel of one or more members

Must issue initial decision within 60 days

If adverse, have 30 days to comply

If not, sanction recommended

Reviews and Hearings

Page 106: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Only apply if knowingly and willfully violated law

Apply to individuals

May be appealed to full Board

Must appeal within 30 days of sanction

Full Board may affirm, overturn or modify initial decisions and sanctions

Attorney General brings civil action to enforce compliance

Sanctions

Page 107: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Fines of up to $10,000 for intentional and knowing failure by agency heads to comply

Sanctions of $1000-$5000 for knowing and willing failure to comply

Removal from office High and aggravated misdemeanor charges Fines of $1000 and up to 12 months in jail for

knowingly accepting fraudulent documents Loss of qualified government status Loss of state appropriated funds

Penalties

Page 108: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Secure and Verifiable

Documents

Page 109: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

AG’s Office is required to publish an annual list of acceptable documents by August 1st of each year

Requirement to use these documents takes effect January 1, 2012

Applies to any purpose that requires the presentation of identification by a government

Must be used with SAVE affidavit

Secure and Verifiable Documents

Page 110: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Examples of Acceptable Secure

and Verifiable Documents

Page 111: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Passports are issued to citizens and non-citizens owing allegiance to the United States.

United States Passport or United States Passport Card

Page 112: Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

Military ID cards come in many different forms. The smart card issued to active duty and reserve members is to the right. Tan cards are issued to dependents of members, red to retired reservists, blue to retirees, and green to reservists.

United States Uniformed Services Privilege and Identification Card

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The list of Secure and Verifiable Documents issued by the Office of the Attorney General of Georgia includes driver’s licenses and identification cards from all states in the United States, the District of Columbia, Puerto Rico, Guam, the Northern Marianas Islands, the U.S. Virgin Islands, American Samoa, or the Swain Islands as long as the card has a photograph and identifying information.

Because of the sheer number of cards which would fall under this part of the list, cities and counties would be wise to evaluate each individual card or driver’s license as they are presented to the city or county.

Driver’s Licenses and Identification Cards

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Cards must be from a federally recognized Native American tribe and contain a photograph and identifying information.

There is a very large number of Native American tribes and many have their own identification card. For a full list of federally recognized tribes, please check: http://www.bia.gov/whoweare/bia/ois/tribalgovernmentservices/tribaldirectory/index.htm .

Below is a sample ID card from the Cherokee Nation.

Tribal Identification Card

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The United States Permanent Resident Card (Form I-551) was formerly known as the Alien Registration Receipt Card (I-151).

The card is also commonly known as a “green card” due to many versions having a green hue.

United States Permanent Resident Card or Alien Registration Receipt

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This document is commonly known as a “work permit” and allows a recipient to legally work in the United States.

The document must contain a photograph.

Employment Authorization Document (EAD)

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There are nearly 200 countries in the world, many of which issue passports.

Passports from foreign countries must be assessed on an individual basis.

Below and above are sample from covers from a few select countries.

Passport of a Foreign Government

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A Merchant Mariner Credential will replace the Merchant Mariner Document as they are phased out and looks like a passport. A sample is to the right.

A Merchant Mariner Document is also known as a Z-Card and is about the size of a driver’s license. It is being phased out of use. A sample is below.

Merchant Mariner Document or Credential issued by the United States Coast Guard

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The Free and Secure Trade program enacted to expedite trade between the United States and Canada and the United States and Mexico.

FAST driver cards are travel documents for expedited entry into the United States to approved drivers making qualified trips.

Free and Secure Trade (FAST) Card

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The NEXUS program allows pre-screened travelers expedited processing by Canadian or United States officials for air, land and sea travel.

NEXUS Card

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The Secure Electronic Network for Travelers Rapid Inspection (SENTRI) Program allows pre-screened travelers expedited processing by United States or Mexican officials for land, air or sea travel.

Secure Electronic Network for Travelers Rapid Inspection (SENTRI) Card

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Canada has thirteen total provinces and territories. Therefore, when shown a Canadian driver’s license local government employees should research the license themselves.

A few sample Canadian driver’s licenses are provided here.

Canadian Driver’s License

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The Certificate of Citizenship (Form N-560 or Form N-561) is a document issued by the United States government as proof of citizenship.

A Certificate of Citizenship issued by the United States Department of Citizenship and Immigration Services (USCIS)

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A Certificate of United States Naturalization (Form N-550 or Form N-570) is a document issued by the United States government which proves a person has obtained citizenship through naturalization.

A Certificate of Naturalization issued by the United States Department of Citizenship and Immigration Services (USCIS)

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The Office of the Attorney General of Georgia created a catch-all in the list of Secure and Verifiable documents requiring acceptance of documents for proof of or documentation of identity if so required by federal law.

Such documents are deemed “secure and verifiable documents” by the Attorney General of Georgia.

Other Secure and Verifiable Documents

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Matricula Consular de Alta Seguridad

Matricula Consular Card

Consular Matriculation Card

Consular Identification Card

Unacceptable Forms of ID

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Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance.

Specifically, Title VI provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance

Title VI

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Title VI states that no program or activity receiving "Federal financial assistance" shall discriminate against individuals based on their race, color, or national origin. The clearest example of Federal financial assistance is the award or grant of money. Federal financial assistance, however, also may be in nonmonetary form.

More Than Money

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Grants and loans of Federal funds, The grant or donation of Federal property and interests

in property, The sale and lease of, and the permission to use (on

other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient, and

(5) Any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.

Example of Federal Assistance

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Federal financial assistance may be received directly or indirectly.

The clearest means of identifying a “direct recipient" of Federal financial assistance is to determine whether the entity has voluntarily entered into a relationship with the Federal government and receives Federal assistance under a condition or assurance of compliance with Title VI

Indirect Assistance for example, colleges indirectly receive Federal financial assistance when they accept students who pay, in part, with Federal financial aid directly distributed to the students.

Direct and Indirect Assistance

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A recipient may not absolve itself of its Title VI obligations by hiring a contractor or agent to perform or deliver assistance to beneficiaries. Agency regulations consistently state that prohibitions against discriminatory conduct, whether intentional or through race neutral means with a disparate impact, apply to a recipient, whether committed "directly or through contractual or other arrangements."

Contractor and Agent

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An intent claim alleges that similarly situated persons are treated differently because of their race, color, or national origin. To prove intentional discrimination, one must show that "a challenged action was motivated by an intent to discriminate.

Requires a showing that the decision maker was not only aware of the complainant's race, color, or national origin, but that the recipient acted, at least in part, because of the complainant's race, color, or national origin.

Intentional Discrimination

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No Hablo Ingles The Supreme Court concluded that the

failure to provide information and services in languages other than English could result in discrimination on the basis of national origin where the failure to do so resulted in a significant number of limited English proficiency (LEP) beneficiaries from the same language minority being unable to fully realize the intended benefits of a federally assisted program or activity.

National Origin Discrimination and Services in Languages Other than English

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In 1983, the Department of Justice and the Equal Employment Opportunity Commission (EEOC) published "Procedures for Complaints of Employment Discrimination Filed Against Recipients of Federal financial assistance.

In summary, the procedures provide that a Federal agency receiving a complaint of employment discrimination against a recipient that is covered by both Title VI (and/or other grant-related prohibitions against discrimination) and Title VII should refer the complaint to the EEOC for investigation and conciliation.

Complaints

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Department of Audits http://www.audits.ga.gov/NALGAD/IllegalImmigrationReformandEnforcementAct.html

Department of Community Affairs http://www.dca.ga.gov/PBRegistration/LocalPBReg/Index.aspx

Department of Law http://law.ga.gov/00/channel_title/0,2094,87670814_167693491,00.html

Department of Justicehttp://www.justice.gov/crt/

Important Websites

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Questions?