MARIETTA - Cobb Chairman Sam Olens and Commissioner Tim Lee say the general contractor overseeing the construction of the county's new Superior Courthouse has taken appropriate action regarding recent allegations that illegal immigrants were employed to work on the project - and any further action is out of their hands. Meanwhile, a state lawmaker is using the local situation as an example for why his bill regarding the hiring of illegal immigrants should be passed.

Members of the watchdog group Jobs for Georgians went before the Board of Commissioners on Tuesday and presented claims that Zebra Construction, the masonry subcontractor on the courthouse project, hired illegal immigrants.

Jose Alvarez said he spent three months visiting the construction site and posing as a bricklayer looking for work. Alvarez said he created relationships with Zebra's workers and has an audio tape that he said proves those workers were being paid in cash, were not checked under the federal program E-verify and were not paying income taxes or social security insurance.

Chip Kessler, president of Suwanee-based Zebra, said the contractor hired by his company to manage the blocklayers was pulled from the project because he told them he was not enrolled in E-verify. Kessler confirmed that this means the contractor was not checking his construction workers through E-verify.

Alvarez estimates that 14 workers employed by the subcontractor were illegal immigrants.

John Ciancia, the leader of the Jobs for Georgians' undercover operation, said he called Virgil Moon, the county's director of support services, and e-mailed Olens before noon Wednesday. By 8 p.m., Ciancia said he still had not heard back from either of them, even though he said they told him they would like to meet and see his evidence.

But Olens said he told Ciancia that he felt the meeting should take place with county attorney Dorothy Bishop, as she can offer more direction.

"A meeting with the county attorney is not what we're looking for," Ciancia said. "The commissioners are the ultimate voice over this project, so they are the ones we feel should know this information."

Olens said he feels Turner Construction, the project's general contractor, has properly handled the situation with Zebra and that the removal of the contractor not registered with E-verify is a significant solution.

"We have a provision in our contract where Turner has to address and solve any complaints within 10 days, which they did, and I don't think the county has that tool to fire the subcontractor altogether," Olens said. "Any further action that can be taken against the contractor or subcontractor is under the state of Georgia's jurisdiction. I would like to see these violations become criminal issues, or to levy a large fine to those breaking the law that will give us the opportunity to tell people that they cannot do this or they will pay the consequences."

Olens said Cobb was the first to fully comply with Senate Bill 529, which provides procedures and requirements applicable to certain contracts or subcontracts, and the county has taken measures no other county has taken to show that illegal employment would not tolerated.

"I certainly thank the bricklayers for finding this out because this is something we need to know," Olens added.

Lee also said he feels Turner has successfully reassured the county that the project is following the law, but that there may need to be some changes in the county's policy.

"I think we need to sit down and figure out ways to make sure this doesn't happen again, to ask ourselves, 'What more can we do? What steps can we take?'" he said. "If it is true, it's certainly not something we take lightly, but we'll learn from it and do what we can to make sure it doesn't happen again. It's a concern any time any county money is being spent and is not being used properly, and we're not going to tolerate any level of unfair or illegal benefiting."

Zebra is also the masonry subcontractor for Southern Polytechnic State University's $33 million Engineering and Technology Center, which is currently under construction and is expected to be completed in August. SPSU President Dr. Lisa Rossbacher said she was not aware of any action taken to look into Zebra's practices, but the subcontractor will be reviewed, if it has not already.

"As far as I know, they have been following the laws that everyone else has to abide by," Rossbacher said. "And at some level, we have to trust the process because we are simply not set up to implement our own independent cross-checking of each worker. But if it turns out that the same processes implemented elsewhere are defective, then we will certainly look at what action needs to take place from there."

Ciancia said whatever the outcome of his group's findings is, he ultimately hopes subcontractors will be given a level playing field as they bid for projects and that unemployed, legal taxpayers will be given the jobs they need and deserve.

"Other subcontractors who are playing by the rules are suffering because they can't compete with the low bids generated by those saving money through hiring illegal workers. These general contractors can pick and choose who they want on their project, because the economy is so bad and everyone wants work. So by picking someone they know will probably find a way to be cheaper, even if it is illegal, they are taking that risk and, to me, saying they don't really care," Ciancia said. "Taxpayers are paying for that building to be built. Illegal activity shouldn't happen anywhere, but certainly not at the cost of citizens for a government building. And Cobb County taxpayers are the ones missing out on all those taxes that will probably never be traced. There's a lot of disappointment in this whole thing, but to me, that's the saddest part."

Illegal immigration activist D.A. King said he believes the hiring of illegal workers was no accident.

"Somewhere along the line, there was someone involved in the process who just didn't care if Cobb residents' money was being used improperly. And I think there should be a full investigation into where every bit of taxpayer money went," King said.

The local situation hit the Capitol Wednesday, where Rep. Rick Austin (R-Demorest) presented House Bill 1164 before the Georgia House. Austin's bill proposes severe consequences for public entities that knowingly employ illegal workers. In Austin's bill, a local government who knowingly employs someone who is in the country illegally will lose its qualifying local government funds for a year. This includes all state funding and matching. If a state agency knowingly employs illegal workers, it will lose 10 percent of the state-funded budget the next year.

A spokesperson for Austin said the lawmaker is presenting his bill today, and has printed out copies of the Marietta Daily Journal's Wednesday article to use as an example for why his bill should be passed.

Rumors circulated that other subcontractors were absent from the courthouse project site Wednesday due to their own employment of illegal workers, but Turner spokeswoman Sharon Eckhert said the employees were sent home as a safety precaution due to high winds.