County delays action on immigration
Published Tue, Nov 28, 2006
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Bob Sofaly/Gazette
It was standing room only at the Beaufort County Council chambers Monday night as the crowd anticipated third reading of the ordinance regarding illegal immigration in Beaufort County. Most people left when the council said there would be no third reading, without knowing public comment would be allowed later.

By JEREMY HSIEH
The Beaufort Gazette

The Beaufort County Council postponed its final vote Monday on its controversial Lawful Employment Ordinance, which aims to end illegal immigrants' job opportunities in the county, following an independent legal analysis of the measure.

The McNair Law Firm briefed the council in a closed executive session, and council members would not discuss the analysis, though a majority of members said their final vote would be contingent on it. Councilman Bill McBride, one of the measure's staunchest proponents, said additional "refinements" were needed and would occur during a committee meeting Dec. 6.

County spokeswoman Suzanne Larson said the council exercised its right to attorney-client privilege in holding the legal presentation in closed session.

That leaves only one scheduled full council meeting, Dec. 11, for the measure to pass its final reading before the majority freshman council takes over in January.

After returning to the public council chambers from a nearly two-hour executive session, the council unexpectedly produced typed copies of a resolution calling out the federal government in its failure to properly enforce immigration laws and urging the federal government to address the problem, which the council unanimously passed.

"It's not instead of the Lawful Employment Ordinance, it's in addition to it," McBride said. The three-page resolution merely states the council's opinion, he said.

The ordinance would use county business license suspensions as a penalty for businesses that are discovered employing illegal immigrants. It encourages enrollment in the federal Basic Pilot Program -- a free federal online program that attempts to verify information on an employee's I-9 forms -- by making participating businesses eligible for county grants and contracts of more than $10,000 and absolving businesses of liability for violations the program fails to catch. A recent draft of the ordinance is available at the county's Web site, bcgov.net.

The resolution received a mild response from the standing-room-only crowd that at one point appeared to exceed the room's fire code occupancy limit of 135. Both supporters and opponents of the ordinance clapped after the resolution passed. About half of the crowd left after Council Chairman Weston Newton announced that the ordinance's final reading was postponed.

It's unclear if any of the ordinance's upcoming refinements are a direct response to the legal analysis. Councilman Dick Stewart, one of two council members to vote against the measure at its second reading, suggested an additional voluntary safe harbor provision.

Stewart suggested that if authorities cannot resolve an employer's appeal in the 60 days the ordinance allots, the employer may voluntarily submit proof of withholding employee taxes to a state agency to remain in good standing with the county pending the appeal's resolution. The committee did not vote on the suggestion.

Councilman Frank Brafman also pointed out that the ordinance relies on the County Council to hear appeals, which could be overwhelmed without a body to "weed out weak cases." Brafman also suggested creating an independent body to hear appeals because it is inappropriate when "elected officials are making quasi-judicial decisions."

County attorney Kelly Golden echoed his sentiment.

"As a policy matter ... I have never agreed with putting an appellate process before an elected body of officials," Golden said. "It just bogs it down, unnecessarily politicizes the process."

The committee also decided in a 4-1 vote to push the date the ordinance would take effect from Jan. 1 to July 1 to coincide with the county's new fiscal year and to give businesses time to come into compliance without penalty. Councilman Mark Generales opposed the change, saying neither date gives businesses sufficient time to comply.

Contact Jeremy Hsieh at 986-5548 or jhsieh@beaufortgazette.com.

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