Thread: Employer - sanctions complaints dropped

Employer-sanctions complaints dropped
Counties whittle complaints because of law changes on hiring dates
by Craig Harris - May. 20, 2008 12:00 AM
The Arizona Republic
A backlog of employer-sanctions complaints in Yavapai County has been significantly whittled down after 35 cases were closed because of recent clarifications to the landmark law. Those changes also caused Mohave County to close seven complaints.

The moves come as Pima County recently dropped four employer-sanctions law investigations after Gov. Janet Napolitano this month signed legislation that makes the sanctions law apply only to workers hired after Jan. 1.

Yavapai County, where Prescott is the county seat, was investigating 43 complaints prior to dropping 35 of them that dealt with workers hired before Jan. 1, Dennis McGrane, the county's deputy attorney, said Monday. Two others were dismissed because they were unfounded and one of those cases was thrown out because the complaint was based on a person hearing workers speaking Spanish at a restaurant, he added.

Yavapai County as of late April had the second-most complaints regarding the Legal Arizona Workers Act. Maricopa County had the most complaints.

Mohave County, where Kingman is the county seat, had the third-most complaints and is looking into four after dropping seven. "There are four that still require investigation," said Jace Zack, Mohave County chief deputy attorney.

Maricopa County, which has delegated investigations to the Sheriff's Office, has received hundreds of complaints but has not filed a single civil suit against an employer although eight workers have been arrested for working here illegally. So far, no Maricopa County complaints have been dropped.

"If we determine culpability for an employer under the Arizona sanctions law, we will investigate that and bring it to the county attorney," said Capt. Paul Chagolla of the Maricopa County Sheriff's Office. "We are taking a well-thought-out process on these cases."

A survey by The Arizona Republic last month found that not one of the 15 counties had filed a civil case as the result of any complaint.

The law, which has gained national attention and took effect this year, gave the state the authority to suspend or revoke the business license of any employer who knowingly hired an illegal immigrant.

McGrane said Yavapai County still is pursuing six cases based on employees who were hired after Jan. 1. He provided no additional details.

He said most of the prior and current cases came from referrals from police agencies that determined through various investigations that a person could be working in the county illegally.

For example, McGrane said, if a person is arrested for a felony and produces identification that appears suspect, the officer may ask where he or she works and then forward that information to the county attorney's office.

McGrane said he believes most Yavapai County employers are trying to comply with the sanctions law.

"We are not trying to put anyone out of business," he said.

County attorneys have been taking complaints all year, but they previously agreed to wait until March 1 to bring civil enforcement because of legal challenges brought by business groups.

The Legislature made a series of changes to the law that not only clarified the hire date of employees to after Jan. 1, but also said entire business chains cannot be penalized for the hiring of an undocumented worker at a single location.

Lawmakers said counties also could accept anonymous complaints. But the revision also says a complaint form does not need to be notarized, something Pima County had required.

Dan Jurkowitz, Pima County's deputy county attorney, said while his county would drop the notarization requirement, it still would not accept anonymous complaints.

Janet Napolitano completely sucks!

W

William wrote:

Janet Napolitano completely sucks!

W

Always has and always will. Any crackdown on illegal immigration that has happened in Arizona is not because of Napolitano, but in spite of her! She will continue to do whatever she can to undermine the will of the people in Arizona where border security and illegal immigration are concerned. It will take constant pressure from the good citizens of Arizona to keep this very manipulative illegal immigrant advocate in the proper place on the issue!