ATLANTA — Lawyers used grammar rules as much as Georgia laws in their arguments Monday before the Supreme Court over whether the state is required to turn over Kia Motors’ hiring records.
Gov. Nathan Deal has said the records need to be kept secret to allow the state to compete with other states in enticing large employers to bring jobs to Georgia.
The case on appeal to the state’s highest court involves the government’s role in helping the automaker staff its $1.2 billion factory in West Point, but the outcome could apply to other companies lured by state incentives.
Four members of the United Auto Workers labor union are suing to get access to documents the state has in order to see if the company had a stated policy to discriminate against union members. They say the state’s Open Records Act entitles them to the papers, but government lawyers contend a change in the law to protect proprietary information enacted after the suit was filed removes that access, which sets up the question of whether the retroactive provisions are constitutional.
Russ Willard, a senior assistant attorney general, told the justices the General Assembly has authority to change the law retroactively because access to the state’s documents was just a privilege and not a right.
“These are not rights that arise out of common law,” he said. “These exist out of legislative grace.”
Justices David Nahmias and Harold Melton took turns hammering Willard on that point. Nahmias compared it to removing a tax deduction after a person’s tax returns were already in the mail. Melton said the attorneys fees the union members hope to get in their suit constitute a “property right” that prohibits retroactive laws.
But the justices didn’t balk at Willard’s reading of the law’s punctuation or his criticism of the way the four union members view it.
“With apologies for sounding like a ninth-grade English teacher trying to make (the union members) see what their persistent and pernicious error in grammar is, the comma applied in the disjunctive ‘or’ removes any doubt the General Assembly created three distinct categories of documents exempt from disclosure,” Willard said.
Atlanta lawyer Gerald Weber, representing the foursome, argued the placement of commas actually blocks the release of just two types of documents but not others. He wasn’t convincing Justice Keith Blackwell who told him he was reading the law incorrectly.
“Tell me why I’m mistaken as a matter of grammar,” Blackwell said.
Nahmias broke in, “Maybe you want to spend some of your time on a stronger argument.”
So Weber switched topics and said federal law and the state constitution prohibit retroactive laws designed to punish people, especially when there is a pending lawsuit.
“The purpose of that retroactive clause was to take away our lawsuit,” he said.
The other justices were mostly silent, offering no clues about their thinking on the case. The seven of them will issue a joint decision in the next six months.
If they rule in favor of the state and Kia, it would effectively end the case with none of the documents being released. If they decide for the union members, the case would go back to Fulton County Superior Court for a full-blown trial.
ATLANTA — In a case that could impact all charter schools in Georgia, the Georgia Supreme Court heard arguments Monday on how local school districts divvy up their funds between charter schools and traditional campuses.
Atlanta Public School System appealed a Fulton County court order, which was ruled in essence that the system’s charter schools can receive $900 more per student than students who attend traditional Atlanta schools. Local charter schools are public schools that operate under the authority of the local school system.
In May 2012, the school system decided to take $38.6 million from its local revenue to satisfy a shortage of funds in its pension plan since the 1980s. That money funds both the charter schools and the system’s traditional schools.
The charter schools’ share of that reduction comes to $2.8 million or about $900 per student. In August 2012, the charter schools believed they should not have to suffer a loss due to a liability that occurred before they existed, and so they sued the school board. They filed a petition to force the school system to distribute its local revenue without a reduction to cover the pension system.
The Atlanta Public School System played a major role in the start up of charter schools by having the most of any system in the state.
Thomas Cox, attorney for the Atlanta Public School System, says that it was not the legislature’s intention to exempt local charter schools from sharing system-wide financial burdens equally with all other schools in the system.
“There is a gap for funding for both the charter and public schools,” Cox said.
The school system believes that the charter schools’ faulty interpretation on the Charter School Act contradicts the legislative intent and that the actual intent was to encourage local funding of local charter schools on the same basis as traditional schools.
On the other hand, the charter-school lawyers argued the lower court ruling was indeed consistent with the legislative intent.
Rocco Testani, who is the attorney for charter schools, argued that under the act charter schools are not actually funded on the same basis as traditional public schools. He points to the education, special-purpose, local-option sales tax or e-SPLOST.
“SPLOST gives $80 million to public schools but not to charter schools,” he said.
He says that the 13 charter schools were approved by the Atlanta Public School Board of Education and that the charter schools are dependent on adequate funds.
Five percent of students attend charter schools in the Atlanta Public School System.
by
CHRISTINE ARMARIO,Associated PressAssociated Press
Jun 18, 2013 | 126 views | 0 | 6 | |
In this Wednesday, June 12, 2013 photo, brothers Jorge Tume, left, and Francis Tume are shown in Miami. Tume’s parents brought them to the U.S. from Peru on tourist visas when they were young and decided to stay, becoming unauthorized immigrants with no legal status. Now, one year after President Barack Obama announced an executive order allowing young people living in the U.S. illegally to stay and work, nearly 300,000 young adults previously living illegally in the United States have been granted permission to stay and work through the program, the most significant shift in immigration policy in recent decades. (AP Photo/Wilfredo Lee)
MIAMI (AP) — As a child, Jorge Tume used to sit and do homework as his parents cleaned the desks and floors of a concrete company in Miami. When he was done, he'd take out the trash and help finish cleaning.
Tume's parents brought him to the U.S. from Peru with his younger brother when he was 12. They came on tourist visas and then stayed in the country illegally when their visas expired.
After he graduated from high school, Tume had few job prospects. So he did what his parents did: Cleaned offices, washed cars and picked up odd jobs.
Now, one year after President Barack Obama announced that young people brought to the country as children and living in the U.S. illegally would be allowed to stay and work if they met certain criteria, Tume's life looks decidedly different: He's behind a computer filing notices for liens at the concrete company he once helped his parents clean.
"I know every corner of this office, this building," said Tume, 21. "I used to see other people do the job that I'm doing now. And I'm sitting here now working."
Nearly 300,000 young adults previously living illegally in the United States have been granted permission to stay and work through the program, one of the most significant shifts in immigration policy in recent decades. Some 200,000 more have submitted applications. For those immigrants, the last year has been a sort of delayed coming of age: Leaning how to drive, getting a license and landing a first job that's not off the books.
"Now I feel like I'm actually a member of the community like everyone else," said Frida Ulloa, a 24-year-old student at Florida International University, who came to the U.S. from Peru as a teenager to see her ill father and never went back.
The Deferred Action for Childhood Arrivals allows immigrants brought to the U.S. illegally as children to obtain work permits for two years, which then are eligible for renewal. To qualify, they must show that they came to America before their 16th birthday, and were 30 years old or younger when the policy was announced on June 15, 2012. They must also have lived in the U.S. continuously since 2007, and either be in school, have graduated from high school or served in the military. And they can't have a serious criminal record or pose a threat to public safety or national security.
With a work permit and Social Security number, they can drive in most states, open a bank account and in some states, pay in-state college tuition.
"The life that I live now is easier than it was before," said Tume, who used to take a 45-minute bus ride to get to work. Now he drives and arrives within 15 minutes.
The policy change came after years of advocacy by students and lawmakers in support of the so-called DREAM Act, which would have provided a path to citizenship for thousands of young immigrants in the country illegally. Efforts to pass it in Congress have repeatedly failed.
Lawmakers are currently debating a comprehensive immigration reform that would chart a 13-year road to citizenship for the estimated 11 million immigrants in the country illegally.
The program does not lead to residency or citizenship, but it also spares these immigrants from the threat of deportation. When Obama announced it last year, critics accused him of pandering to Latino voters a few months before the presidential election.
"I think that deferred action gave us the opportunity to not be scared," Ulloa said.
After years of babysitting and other short-term, low paying jobs, Ulloa landed a full-time job with benefits related to her field of study: She's the Florida organizer for United We Dream, a youth immigrant advocacy organization.
"I think that's one of the biggest gifts of deferred action," she said. "The fact I can be eager about graduation and know I'm actually able to use my degree."
Deferred action hasn't, however, solved many of the challenges Ulloa and others still face. A handful of Republican-led states have blocked basic benefits for the program, denying recipients identification cards, driver's licenses, access to healthcare, in-state tuition for college, student financial aid and even college admission.
Karen Mantilla, 19, has finally been able to cross some of the milestones her peers passed years ago. After being approved for deferred action, she got a learner's permit and a job at a vegetarian restaurant in Bay Shore, N.Y. But unlike many of her classmates, she won't be going straight to college after high school.
Mantilla, who was born in Colombia, was brought into the U.S. illegally as a child. She cannot apply for state or federal aid and can't afford tuition. She plans to work and then attend a community college next year instead.
"From the time I was very young, my family said, 'You have to go to college. You have to make something better of yourself,'" Mantilla said. "Not being able to directly enroll in the fall semester of this year is very difficult."
The number of young adults applying for deferred action has also been much less than expected. The government had estimated 1 million would apply in the first year, but less than half that number has so far.
Kamal Essaheb, an immigration policy attorney with the National Immigration Law Center, said getting information out about the program, particularly to rural communities, is one challenge. It's also possible the total number of eligible immigrants may be lower than the initial estimates, which ranged from 800,000 to 1.7 million. Still, the biggest hurdle is the fee.
It costs $465 to file an application, and for young adults already squeezed trying to help their families and pay college tuition, that can be prohibitive, or at least delay their petition.
"Whenever I go to clinics over the last few months, I always ask applicants, 'What took you this long to apply?'" said Essaheb. "And the number one response I get is the money."
Those who apply today are facing longer processing times; the initial applicants received their notification of approval in as quickly as a month. Now it takes about six months, according to federal data.
Tume received his approval in October. A month later, he got a call from a manager at the Central Concrete SuperMix company where he and his brother still cleaned in the evenings. The boss wanted to know if Tume could see himself working in the offices, not just cleaning them.
"I said, 'Yes, I'd be happy to,'" Tume said.
ATLANTA — Lawyers used grammar rules as much as Georgia laws in their arguments Monday before the Supreme Court over whether the state is required to turn over Kia Motors’ hiring records.
Gov. Nathan Deal has said the records need to be kept secret to allow the state to compete with other states in enticing large employers to bring jobs to Georgia.
The case on appeal to the state’s highest court involves the government’s role in helping the automaker staff its $1.2 billion factory in West Point, but the outcome could apply to other companies lured by state incentives.
Four members of the United Auto Workers labor union are suing to get access to documents the state has in order to see if the company had a stated policy to discriminate against union members. They say the state’s Open Records Act entitles them to the papers, but government lawyers contend a change in the law to protect proprietary information enacted after the suit was filed removes that access, which sets up the question of whether the retroactive provisions are constitutional.
Russ Willard, a senior assistant attorney general, told the justices the General Assembly has authority to change the law retroactively because access to the state’s documents was just a privilege and not a right.
“These are not rights that arise out of common law,” he said. “These exist out of legislative grace.”
Justices David Nahmias and Harold Melton took turns hammering Willard on that point. Nahmias compared it to removing a tax deduction after a person’s tax returns were already in the mail. Melton said the attorneys fees the union members hope to get in their suit constitute a “property right” that prohibits retroactive laws.
But the justices didn’t balk at Willard’s reading of the law’s punctuation or his criticism of the way the four union members view it.
“With apologies for sounding like a ninth-grade English teacher trying to make (the union members) see what their persistent and pernicious error in grammar is, the comma applied in the disjunctive ‘or’ removes any doubt the General Assembly created three distinct categories of documents exempt from disclosure,” Willard said.
Atlanta lawyer Gerald Weber, representing the foursome, argued the placement of commas actually blocks the release of just two types of documents but not others. He wasn’t convincing Justice Keith Blackwell who told him he was reading the law incorrectly.
“Tell me why I’m mistaken as a matter of grammar,” Blackwell said.
Nahmias broke in, “Maybe you want to spend some of your time on a stronger argument.”
So Weber switched topics and said federal law and the state constitution prohibit retroactive laws designed to punish people, especially when there is a pending lawsuit.
“The purpose of that retroactive clause was to take away our lawsuit,” he said.
The other justices were mostly silent, offering no clues about their thinking on the case. The seven of them will issue a joint decision in the next six months.
If they rule in favor of the state and Kia, it would effectively end the case with none of the documents being released. If they decide for the union members, the case would go back to Fulton County Superior Court for a full-blown trial.
ATLANTA — In a case that could impact all charter schools in Georgia, the Georgia Supreme Court heard arguments Monday on how local school districts divvy up their funds between charter schools and traditional campuses.
Atlanta Public School System appealed a Fulton County court order, which was ruled in essence that the system’s charter schools can receive $900 more per student than students who attend traditional Atlanta schools. Local charter schools are public schools that operate under the authority of the local school system.
In May 2012, the school system decided to take $38.6 million from its local revenue to satisfy a shortage of funds in its pension plan since the 1980s. That money funds both the charter schools and the system’s traditional schools.
The charter schools’ share of that reduction comes to $2.8 million or about $900 per student. In August 2012, the charter schools believed they should not have to suffer a loss due to a liability that occurred before they existed, and so they sued the school board. They filed a petition to force the school system to distribute its local revenue without a reduction to cover the pension system.
The Atlanta Public School System played a major role in the start up of charter schools by having the most of any system in the state.
Thomas Cox, attorney for the Atlanta Public School System, says that it was not the legislature’s intention to exempt local charter schools from sharing system-wide financial burdens equally with all other schools in the system.
“There is a gap for funding for both the charter and public schools,” Cox said.
The school system believes that the charter schools’ faulty interpretation on the Charter School Act contradicts the legislative intent and that the actual intent was to encourage local funding of local charter schools on the same basis as traditional schools.
On the other hand, the charter-school lawyers argued the lower court ruling was indeed consistent with the legislative intent.
Rocco Testani, who is the attorney for charter schools, argued that under the act charter schools are not actually funded on the same basis as traditional public schools. He points to the education, special-purpose, local-option sales tax or e-SPLOST.
“SPLOST gives $80 million to public schools but not to charter schools,” he said.
He says that the 13 charter schools were approved by the Atlanta Public School Board of Education and that the charter schools are dependent on adequate funds.
Five percent of students attend charter schools in the Atlanta Public School System.
by
CHRISTINE ARMARIO,Associated PressAssociated Press
Jun 18, 2013 | 126 views | 0 | 6 | |
In this Wednesday, June 12, 2013 photo, brothers Jorge Tume, left, and Francis Tume are shown in Miami. Tume’s parents brought them to the U.S. from Peru on tourist visas when they were young and decided to stay, becoming unauthorized immigrants with no legal status. Now, one year after President Barack Obama announced an executive order allowing young people living in the U.S. illegally to stay and work, nearly 300,000 young adults previously living illegally in the United States have been granted permission to stay and work through the program, the most significant shift in immigration policy in recent decades. (AP Photo/Wilfredo Lee)
MIAMI (AP) — As a child, Jorge Tume used to sit and do homework as his parents cleaned the desks and floors of a concrete company in Miami. When he was done, he'd take out the trash and help finish cleaning.
Tume's parents brought him to the U.S. from Peru with his younger brother when he was 12. They came on tourist visas and then stayed in the country illegally when their visas expired.
After he graduated from high school, Tume had few job prospects. So he did what his parents did: Cleaned offices, washed cars and picked up odd jobs.
Now, one year after President Barack Obama announced that young people brought to the country as children and living in the U.S. illegally would be allowed to stay and work if they met certain criteria, Tume's life looks decidedly different: He's behind a computer filing notices for liens at the concrete company he once helped his parents clean.
"I know every corner of this office, this building," said Tume, 21. "I used to see other people do the job that I'm doing now. And I'm sitting here now working."
Nearly 300,000 young adults previously living illegally in the United States have been granted permission to stay and work through the program, one of the most significant shifts in immigration policy in recent decades. Some 200,000 more have submitted applications. For those immigrants, the last year has been a sort of delayed coming of age: Leaning how to drive, getting a license and landing a first job that's not off the books.
"Now I feel like I'm actually a member of the community like everyone else," said Frida Ulloa, a 24-year-old student at Florida International University, who came to the U.S. from Peru as a teenager to see her ill father and never went back.
The Deferred Action for Childhood Arrivals allows immigrants brought to the U.S. illegally as children to obtain work permits for two years, which then are eligible for renewal. To qualify, they must show that they came to America before their 16th birthday, and were 30 years old or younger when the policy was announced on June 15, 2012. They must also have lived in the U.S. continuously since 2007, and either be in school, have graduated from high school or served in the military. And they can't have a serious criminal record or pose a threat to public safety or national security.
With a work permit and Social Security number, they can drive in most states, open a bank account and in some states, pay in-state college tuition.
"The life that I live now is easier than it was before," said Tume, who used to take a 45-minute bus ride to get to work. Now he drives and arrives within 15 minutes.
The policy change came after years of advocacy by students and lawmakers in support of the so-called DREAM Act, which would have provided a path to citizenship for thousands of young immigrants in the country illegally. Efforts to pass it in Congress have repeatedly failed.
Lawmakers are currently debating a comprehensive immigration reform that would chart a 13-year road to citizenship for the estimated 11 million immigrants in the country illegally.
The program does not lead to residency or citizenship, but it also spares these immigrants from the threat of deportation. When Obama announced it last year, critics accused him of pandering to Latino voters a few months before the presidential election.
"I think that deferred action gave us the opportunity to not be scared," Ulloa said.
After years of babysitting and other short-term, low paying jobs, Ulloa landed a full-time job with benefits related to her field of study: She's the Florida organizer for United We Dream, a youth immigrant advocacy organization.
"I think that's one of the biggest gifts of deferred action," she said. "The fact I can be eager about graduation and know I'm actually able to use my degree."
Deferred action hasn't, however, solved many of the challenges Ulloa and others still face. A handful of Republican-led states have blocked basic benefits for the program, denying recipients identification cards, driver's licenses, access to healthcare, in-state tuition for college, student financial aid and even college admission.
Karen Mantilla, 19, has finally been able to cross some of the milestones her peers passed years ago. After being approved for deferred action, she got a learner's permit and a job at a vegetarian restaurant in Bay Shore, N.Y. But unlike many of her classmates, she won't be going straight to college after high school.
Mantilla, who was born in Colombia, was brought into the U.S. illegally as a child. She cannot apply for state or federal aid and can't afford tuition. She plans to work and then attend a community college next year instead.
"From the time I was very young, my family said, 'You have to go to college. You have to make something better of yourself,'" Mantilla said. "Not being able to directly enroll in the fall semester of this year is very difficult."
The number of young adults applying for deferred action has also been much less than expected. The government had estimated 1 million would apply in the first year, but less than half that number has so far.
Kamal Essaheb, an immigration policy attorney with the National Immigration Law Center, said getting information out about the program, particularly to rural communities, is one challenge. It's also possible the total number of eligible immigrants may be lower than the initial estimates, which ranged from 800,000 to 1.7 million. Still, the biggest hurdle is the fee.
It costs $465 to file an application, and for young adults already squeezed trying to help their families and pay college tuition, that can be prohibitive, or at least delay their petition.
"Whenever I go to clinics over the last few months, I always ask applicants, 'What took you this long to apply?'" said Essaheb. "And the number one response I get is the money."
Those who apply today are facing longer processing times; the initial applicants received their notification of approval in as quickly as a month. Now it takes about six months, according to federal data.
Tume received his approval in October. A month later, he got a call from a manager at the Central Concrete SuperMix company where he and his brother still cleaned in the evenings. The boss wanted to know if Tume could see himself working in the offices, not just cleaning them.
"I said, 'Yes, I'd be happy to,'" Tume said.