5-190 and 5-191 — The Text of the Measures
Measures 5-191 and 5-192
You won’t be alone if you read these two November ballot measures sponsored by Wayne Mayo and feel confused. That’s part of the problem.
You can help avoid this by asking yourself two simple questions about each of the measures:
What does it say?
The language of both these measures as they are to appear on the ballot and in election literature is phrased to make it sound as if they are addressing simple problems with simple solutions.
Nothing could be further from the truth. Both of these measures will have ripple effects throughout the county’s economy. They will rob money from already strained community resources including law enforcement and basic human services. And they will most certainly thrust Columbia County into extremely costly legal defenses against challenges mounted at the local, state and even national level.
And who will ultimately shoulder those unnecessary costs?
That’s easy–you, the taxpayer.
What will it do?
Don’t take Wayne Mayo’s word that passing these measures means a better Columbia County. What it really means is we’re opening a true Pandora’s box of unforeseen costs and consequences while trashing individual rights and freedoms.
Wayne Mayo says it’s worth it. But what he really means is that it’s worth it to him. To have his way at the expense of what he purports to defend–the Constitution.
But what about you? What happens to your life? To your basic rights? To your pocketbook?
That’s why you need to read the measures now and ask yourself those two questions. We’ve provided the measures below as they will appear on the ballot. We’ve also included our assessment of what they will really mean to Columbia County. And it isn’t something better.
But read and decide for yourself. It’s your decision in November anyway.
Wayne Mayo Measure 5-190
What it says–the Caption
Requiring county to prohibit employment of unauthorized aliens
What it says–the Question
Shall Columbia County prohibit knowing or intentional hiring of unauthorized aliens; and set penalties in addition to Federal prohibitions?
What it says–the Statement
This measure would make it illegal for any employer in Columbia County to knowingly or intentionally hire unauthorized aliens.
The measure sets out a system of penalties. These include fines of up to $10,000, suspension of licenses and suspension of building permits. Probation for violators is also authorized. Penalties could vary in severity based on several factors, such as: whether the violation was knowing or intentional; evidence of good-faith efforts by employer to comply with the law; whether or not the violation is a repeat violation; and/or filing of an affidavit of compliance by an employer after being found in violation.
The measure sets out procedures for enforcement. The “county attorney” would investigate complaints as directed by the measure. Any action brought against an employer would require notifying the federal government and local law enforcement. The county commission would be required to hold hearings on violations.
Employers are required after December 31, 2008, to verify employment eligibility through Department of Homeland Security.
This program would be funded from the county’s general fund.
What will it do?
Financially, it will strip money from county programs that are already underfunded. And that last little blurb, “funded from the county’s general fund,” means that services for the elderly and other needy county citizens will have to do with less than the already inadequate basic services they have now. The measure offers no realistic means of ensuring those funds are replaced, while specifically prohibiting raising taxes to cover the costs.
Think of the measure this way…Imagine Columbia County as Sherwood Forest.
If Columbia County were Sherwood Forest, Robin Hood still looks great in green, but apparently he was dropped on his head as a child.
As a result, he turns things upside down–taking from the poor to avoid taxing the rich, which allows him to take credit for protecting the villagers from a terrible threat that he swears is out in the darkness just waiting to gobble them all up.
Of course, not one of the villagers has ever seen anything at all. And Robin Hood can’t produce one shred of proof that the danger even exists.
But even so, the Sheriff and his men are tasked with spending all their time chasing shadows in the woods, leaving the real criminals all the time they need to rob the villagers blind.
And Meals on Wheels for the older villagers? Not a chance. Not a chance.
What does the measure mean legally? Who knows? It would take the courts to figure that out.
Don’t be fooled by the complex sentences and the appropriate sprinkling of legal terms and big words. This is no carefully crafted legal document. It is nothing more than 11 pages of language lifted as-is from a variety of statutes from other states and jurisdictions and then cobbled together like a badly made quilt.
But that’s not really a good analogy, because even badly made quilts work. This is more like a badly made serape–one with lots of tiny holes all over with one big hole in the middle.
The big hole? That’s where all your tax dollars will go if the measure passes.
Other consequences? The Department of Homeland Security will be brought into local law enforcement. The county’s general fund will be depleted. Local employers will be free to report their competitors as a means to gain an unfair business advantage.
And the people most likely to be financially affected by an unfair charge or allegation–those people would be Mr. Mayo’s direct competitors in the construction industry.
The basic question is–Can we afford this? Not just financially, but ethically and morally as well.
We think the answer is clearly no. You have to decide for yourself.
Wayne Mayo Measure 5-191
What it says–the Caption
Measure Requiring Signs at Construction Sites Referencing Undocumented Workers
What it says–the Question
Shall contractors within Columbia County be required to post constructions sites with signs titled “Legal Workers Only”?
What it says–the Statement
This measure would require Columbia County contractors to post at the entrances to every subdivision, commercial/industrial development, and minor partition a sign saying “Legal Workers Only.” The sign must contain the following information:
• That a “punitive charge” of $10,000 would be added to the cost of a construction permit if any undocumented workers were found to have worked at the site.
• That a “stop work order” would go into effect until:
1. The punitive charge was paid; and
2. All undocumented workers were removed from the site.
The telephone numbers of the Building Department, Sheriff’s Office, and new 800 number of the Social Security verification pilot project would also be a part of the sign. Specifications of the sign would be 4 foot by 8 foot three-quarter inch plywood with words in minimum four inch high bold print.
What will it do?
There is no other language or direction than what will appear on the ballot (see above.) If passed, litigation would need to determine all the details of implementation, impact and constitutionality.
It is a modestly ridiculous and far from workable proposal regardless of your perspectives on immigration. The one thing that we know is that this would mandate that 4 foot by 8 foot, ¾” thick plywood signs be posted at every construction site in the county that promote calling law enforcement numbers if you think you see suspicious workers.
The $10,000 “punitive charge” was pulled out of thin air. It exceeds the fines levied by the State Contractors Board for even the most egregious offenses. It is unclear if the county has the legal authority to even levy such a fine, which is what this is regardless of what term Mr. Mayo chooses to use. Or to issue a “stop work” order to a general contractor, an independent business person, based on what is essentially a violation of federal law that can only be decided in federal court.
Consider this scenario that is completely possible and perhaps even likely if this measure is passed.
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An anonymous call is made alleging that a contractor is employing undocumented workers on his work site.
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The county finds what appear to be undocumented workers at the site.
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The county demands a $10,000 payment, while issuing a stop work order until the payment is made and all the alleged undocumented workers are removed from the work site.
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Because of the time limit imposed by the measure, the alleged undocumented workers are not allowed their federally guaranteed amount of time to challenge the ruling against them and prove they actually have documentation.
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The contractor misses an important deadline and incurs late fees due to not completing the contract on time, or has the contract cancelled and awarded to another firm.
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The workers obtain proof they were actually documented, but too late to save their jobs or find other employment.
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The contractor sues the county for damages.
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The workers sue the county for lost wages and false allegations.
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The federal government sues the county for civil rights violations.
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And you? You just get to pay the bill for all of it.
So think it over…and VOTE NO on Measures 5-190 and 5-191!