It's Going to Slow Down Around Here...

I officially made it through another year of life last week. And this week has greated me with more work. Such a nice birthday present for a workaholic like me. This week marks the end of the summer semester at Georgia State College of Business. So as I work on legal cases, I am also finishing up two classes in my Masters of Tax program. (I'm that much closer to getting my CPA!) It will probably be a little light on the posts this week. If anything major happens, I'll be sure to let everyone know.

Clinch County Judge's Secret Stash of Funds

In what is sure to be a firestorm, federal investigators and prosecutors are investigating Superior Court Judge Brooks E. Blitch, III. The crux of the investigation is on Blitch withholding court fines from the Clinch County commissioners general budget and then distributing them as he saw fit, mostly on the courthouse and sheriff's department.

News coverage: Columbus Ledger-Enquirer

This and That...

Former congressman Bob Barr is giving a lesson on the Commerce Clause, as it applies to the Michael Vick dogfighting case. In case you didn't know, the Commerce Clause aka "interstate commerce" is how the federal government can pass civil rights laws as well.

The D.C. Court of Appeals threw out a rule allowing long-haul truckers to drive up to 11 hours straight. The decision takes effect September 14. The limit had been 10 hours. View the ruling at Public Citizen.

The Transportation Security Administration is allowing airline passengers to carry-on disposable and refillable butane lighters and allowing passengers to carry-on breast milk, in excess of the 3 ounce limit on liquids.

The Securities and Exchange Commission has begun an investigation into Beazer Homes. The Federal Bureau of Investigation was already conducting an investigation against the homebuilding giant.

Albany acquarium RiverQuarim was allocated $300,000 from the Albany City Council to help support the financially strapped attraction. Dougherty County previously allocated $250,000 for the attraction.

Facebook is being sued by ConnectU who says that Facebook founder Mark Zuckerberg committed fraud, copyright infringement and misappropriated trade secrets. Facebook has filed a motion to dismiss. A hearing is scheduled for today.

Teresa Smith, former director of Augusta's engineering department, has filed a lawsuit in U.S. District Court alleging her firing was racially motivated.

Georgia State University is expanding the MBA program to include a specialization in Hotel Real Estate.

Alon's to Open In Dunwoody

Alon's Bakery and Market, a Morningside institution, is opening a second location in the Dunwoody-Perimeter Mall area. The new Alon's location will open in the space vacated by Eatzi's, which unexpectedly closed late last year. For more information, check out the "local newspaper."

Cobb County Limits Adults in Household

Cobb County Commissioners unanimously voted to tighten housing restrictions to ban overcrowded homes. The new rules are aimed at boarding houses in residential neighborhoods and too many cars per household. Opponents say that this is a move by county commissioners to tackle problems relating to illegal immigration.

The new law says that each adult must have 390-square feet of living space, up from 50-square feed of sleeping space. Up to six adults, including two who are not related, may live in a home, if said home is big enough (at least 2340 square feet). The law limits family to adults, their children and grandchildren, and siblings. In cases where the square footage allows, homeowners are able to seek a permit for more than six adults to live in the same house.

The new law also limits cars regularly parked at the home; the standard is the same 390-square foot measure that limits adults. In effect, if you are at full occupancy in your Cobb County home, each adult can have one vehicle.

Cobb County commissioners delayed a vote on baning day laborers from seeking work by standing in public areas or parking lots. The vote on that ban will now take place August 14.

Audit Clears Department of Revenue

Back in June, legislators asked if the Gov. Sonny Perdue had the Department of Revenue hold income tax checks in order to support his veto of the $142 million property tax rebate.

Now, a state audit has concluded that there is no evidence that the Department of Revenue delayed cashing the income tax checks. See the "local newspaper" coverage.

Lawrenceville Amnesty Program

Lawrenceville is offerring an amnesty program for the month of August for those with unpaid "failure to appear" or "probation" warrants from the Lawrenceville Municipal Court. If you have one of these outstanding warrants, you may pay in full and receive up to a $150 dicount. You also will not be arrested or serve any jail time. The Court only handles misdemeanor offenses, mostly traffic violations.

Contact the clerk's office at 770-963-3288 to find out how much you need to pay to clear any warrant.

New Minimum Wage Goes Into Effect Tomorrow

This is the reminder for Georgia business owners and employees that tomorrow, July 24, the new federal minimum wage goes into effect. The new minimum wage is $5.85 per hour.

This new rate applies to employees of (a) companies that do over $500,000 in business a year, (b) companies that are engaged in interstate commerece, (c) companies that produce goods for commerce (including transportation, communications, or those that regularly use the mails or telephones for interstate communications), (d) federal, state, or local goverment agencies, hospitals, and schools, and (e) generally domestic workers.

The new rate does not apply to (a) farmworkers on small farms, (b) certain seasonal and recreational establishments, (c) executive, administrative, professional and outside sales employees, (d) casual babysitters, (e) companions for the lderly, (f) workers with disabilities, (g) federal criminal investigators, (h) fishermen, (i) newspaper deliverers, (j) newspaper employees of limited circulation newspapers, or (k) switchboard operators.

The new minimum wage poster is available at the Federal Department of Labor website.

Georgia Sales Tax Holiday

Starting August 2 and continuing through August 5, Georgia will be "celebrating" a state-wide sales tax holiday. For this August holiday, articles of clothing and footwear under $100, personal computers under $1,500, and general school supplies under $20 are all sales tax exempt. Accessories are not tax exempt.

The items must be purchased for an individual's personal use and not for business purposes. Items sold at theme parks, entertainment complexes, hotels, restaurants and airports are not tax exempt.

For information on specific items that are or are not tax exempt, please see the Georgia Department of Revenue website on the sales tax holiday.

No Show Jurors to be Penalized

It seems that there has been a surplus of jury duty stories lately, but here's another reason to take your civic duty seriously: to avoid fines.

No-Show Jurors To Be Penalized. And this case is even out of Atlanta.

Work Calls

Sorry for the lack of posts recently. I'd rather neglect the blog than the clients. I'll get some more up tonight though.

North Fulton Municipal Association Forms

The mayors of Alpharetta, Johns Creek, Milton, Mountain Park, Roswell, and Sandy Springs have joined forces to form the North Fulton Municipal Assocation. The first chairman is Johns Creek mayor Mike Bodker. The NFMA will only take positions on issues where all six of the leaders unanimously agree. If all six do not agree, then the cities are free to address the issues on their own.

For more information, see the Dunwoody Crier and Appen Newspapers.

Powdery Substance in Envelope Closes Federal Courthouse

Monday morning in the C.B. King Federal Courthouse became pretty eventfull as a worker opened an envelope with a granular, powdery substance. The envelope was immediately contained in a trash bag and emergency personnel were notified. The letter is now in Waycross for testing by the FBI. Thus far, investigators are not saying who the letter was mailed to or where it came from.

More information is available from the Albany Herald.

Supreme Court Watch: Arbitration

On July 13, 2007, the Georgia Supreme Court issued an unanimous opinion in ABCO Builders, Inc. v. Progressive Plumbing, Inc. relating to a superior court's authority to vacate an arbitrator's award. In this case, there was no transcript of the underlying arbitration hearing.

Judicial review of arbitration awards is limited by O.C.G.A. § 9-9-13. There are five grounds for review when one of the parties brings an application to vacate. They are: (1) Corruption, fraud, or misconduct in procuring the award; (2) Partiality of an arbitrator appointed as a neutral; (3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made; (4) A failure to follow the procedure of this part...; or (5) The arbitrator's manifest disregard of the law.

The ABCO Builders case rested on the fifth ground, the arbitrator's manifest disregard of the law. The disregard for the law must be "both evident and intentional." Thus, the party wishing to vacate the arbitration must show that the correct law was communicated to the arbitrator and that the arbitrator then "intentionally and knowingly chose to ignore that law..."

The arbitrators in this case did not make a findings of fact nor was the hearing transcribed for later use. The record was devoid of the arbitration panel's intent in reaching the conclusion that it did. The conclusion must be more than "mere error in law or failure on the part of the arbitrators to understand or apply the law."

Lessons learned from this case: Get a transcript of the arbitration. Especially if the dollar figures are high and you expect that you may have to appeal the case if you do not win in arbitration. Arbitrators are not required to issue a findings of fact, but ask them to do so, perhaps when agreeing to the arbitration.

New Small Business Bank Opens

Vinings Bank is opening its doors to small businesses and professional organizations with annual revenues between $1 million and $50 million. Vinings Bank is backed by a group of legal professionals. It is the latest bank adding to the trend of community banks in the Atlanta area.

For more on the new bank, see the Fulton Daily Report.

No Injunction for Georgia Prayer Case

Cobb County would begin Board of Commissioners and its planning commission with prayers by clergy members; 70% of such prayers were Christian in nature. The clergy were selected partly out of the local Yellow Pages. For a period of time spanning two years, the deputy clerk that selected clery excluded those that were Jewish, Muslim, Jehovah's Witnesses or from the Latter Day Saint Church.

U.S. Federal District Judge Richard Story ordered Cobb County to pay the seven resident plaintiffs a nominal $1.00 for the practices he found violated the Constitution, but that the plaintiffs could not prove any actual injury. The judge refused to issue an injunction since the practices have been changed since they first started.

The plaintiffs were represented by the American Civil Liberties Union. One of the plaintiffs was Jeffrey Selman, part of the group that pushed the Cobb County School Board to remove the "evolution is a theory" stickers from county science books.

Georgia Unemployment Numbers for June

The Georgia Department of Labor has released unemployment numbers for June 2007. Statewide, new unemployment claims are done 2.9% from May 2007 and down 2.2% over the past twelve months. Service related industries accounted for most of the decreae.

Atlanta was up 4.2% from May to June; Savannah was up 38.7%.

How Not to Get Out of Jury Duty

You have probably heard about the Cape Cod man that claimed to be homophobic, racist, and a habitual liar in order to get out of jury duty. The potential juror, Daniel Ellis, was then taken into custody by court personnel and earned the following comment from the judge:

"In 32 years of service in courtrooms, as a prosecutor, as a defense attorney and now as a judge, I have quite frankly never confronted such a brazen situation of an individual attempting to avoid juror service," said Barnstable Superior Court Judge Gary Nickerson.

My only comment: don't do it. You'll end up national news and have a jury watching you very soon.

If you want to avoid Georgia jury duty, try to fit under one of the following statutory excuses: (O.C.G.A. § 15-12-1)

• You work in a job necessary to the public health, safety, or good order
  
• You are a full-time student at a college, university, vocational school, or other postsecondary school
  
• You are the primary caregiver and have custody of a child under six years old
  
• You are a primary teacher in a home study program
  
• You are over 70 years old
  
• You or your spouse are on ordered military duty at least 50 miles from home.

This does not mean you will never have to serve on a grand jury. Your service may just be deferred.

Update 8/15: A new feature on the DeCarrera Law, LLC website is called Need to Know. Today's new topics include What Individuals Need to Know about Jury Duty and What Corporations Need to Know About Jury Duty. For more topics that you "Need to Know About" go to the DeCarrera Law Website.

Alert: Buckhead ATMs

General alert to individuals that use Buckhead-area ATMs. I have personally been hit and so have a few others that I know of. Thiefs are obtaining your ATM card number and PIN and then withdrawing up to your daily limit from your account. I have physical possession of my ATM card and do not use it for debit purposes, only the ATM. Please be aware and monitor your bank activity. Most of the withdrawals came over this past weekend and cleared last night.

Please let me know if you also have had similar problems. My email is law@decarreralaw.com.

How To: Georgia Firearms Permit

This is the first of a new recurring series of posts about how to do common things within the law. If you have a question or a suggestion for this new series, let me know through email. The first in this How-To Series: How to get a Georgia firearms permit.

First, you must be eligible for a Georgia firearms permit. This means you must be at least 21 yearrs of age; cannot be a fugitive from the law; cannot have or have pending a felony in Georgia or any state or by a foreign nation, unless pardoned; cannot have been convicted of certain drug offenses; cannot have been convicted of a forcible misdemeanor unless you have been free of all restraint and supervision for at least five years; and cannot have been hospitalized as an inpatient in any mental hospital or any alcohol or drug treatment center within five years.

If you are eligible, then you go to your local county Probate Court. You will need to bring your Georgia's driver's license. You will then fill out a background questionairre and allow the Court to ask the Georgia Bureau of Investigation for a background check. You will pay for the permit and for the background check. You will get your fingerprints taken by Court officials, often times at a different location than where you do your paperwork.

The Court will then submit your application to the GBI for a background check. Once the background check is completed successfully, you will be mailed your Georgia firearms permit. It will usually take 4-6 weeks before it arrives in your mail.

In a piece of irony, many courts have you get your firearms permit from the same place you would get your marriage license.

Taxes Leading Concern for Small Businesses

A study conducted by International Profit Associates Small Business Research Board shows that taxes are the leading concern for small businesses for the second quarter of 2007. Taxes replace health care costs for the top spot. Other top concerns for small businesses include economic conditions and energy costs.

Remember that payroll tax deposits are due on July 16; sales and occupancy taxes are due on July 20; and quarterly payroll tax reports are due July 31.

New Oconee County Occupancy Tax

On Tuesday, July 3, 2007, Oconee County imposed a new 6% occupancy tax for stays in hotel and motel rooms in unincorporated parts of the county. The tax is not applicable to permanent residents as well as state or local governmental officials while traveling on official business. Permanent residents are those guests who have remained for ten consecutive days. The tax begins on January 1, 2008, no matter when the contract or reservation was made.

Hotel and motel operators are to submit payment by the 20th of every month, the same time sales taxes are due. Penalties will be assessed if payment is made after the 20th of the month.

Grade Integrity Act of 2007

Beginning this week, Georgia school principals may not coerce or intimidate a teacher into changing a student's grade. If the principal does, it will be an ethics violation. Principals may still change a student's grade on their own accord and without the teacher's permission. However, the change must be noted on school records along with the individual who is changing the grade.

Alienation of Affection

A recent Associated Press report states that an Illinois man was found guilty in a civil lawsuit for stealing another man's wife. See the Chicago Sun-Times for the full story. The formal legal term is "alienation of affections."

In O.C.G.A. § 51-1-17, Georgia abolished "alienation of affection" as a cause of action. Aggrieved spouses in Georgia are not going to be able to win in court under the same theory that the Chicago husband used.

Former Classmate Okay After Weekend Kidnapping

I am happy to report that David Deganian, a former classmate from Georgia State University College of Law, and a friend of his are okay after being kidnapped early Sunday morning in East Atlanta. For more information, see a report from a "local newspaper."