SMC Board, cont. from page 41
FINAL THOUGHT
tori torrEs is the
Realtor
®
relations specialist
for Trendmaker Homes and
Trendmaker Development
Immigration – an
Company. She has spent
10 years building long lasting
relationships with Realtors
®
in
and around the Houston area.
ongoing challenge
Trendmaker Homes builds in
23 master-planned communities as well as two of
development communities – Crighton Woods and A couple of years ago one of our hot Counsel will review the I-9s and call
Cross Creek Ranch. Tori's responsibilities includ- topics, one that we took to Capitol Hill, employees in if they are incomplete.
ing making sure that Realtors
®
are up to date on
was the issue of a very broken immigra- On that point it is important to have
all of the upcoming events and incentives.
tion program, and no clear direction, no an absentee policy that allows you to
With her tenure with the company, Tori has worked real policy for resolving the very complex terminate should an employee be called
with Trendmaker to maintain up to 85% Realtor
®
issue. Legislation floated around, but in to complete forms and that employee
sales. Trendmaker knows the value of its Real-
nothing worked. GHBA and NAHB not come back to work. When going
tors
®
and understands that they play a key role
were involved with various groups and through this process, do not tell employ-
in the success of the company.
presented position papers on key ele- ees that ICE is coming, just call them in
TOBY WARE is a senior ments necessary for a successful immi- for routine form completion.
market analyst with Metrostudy
gration policy. But here we still are.
Texas Consulting. Ware is
When ICE is investigating, limit the
a graduate of Texas A&M
The dreaded “No Match Rule” is finally conversation to just this investigation.
University, where he received
history. (But those pesky no match let- They cannot record the interviews, al-
a Masters in Land Econom-
ters will continue to arrive without though they may try. Do not consent to
ics and Real Estate. Prior to clarity regarding what to do with them; interviews without counsel present.
joining Metrostudy in 2006,
talk to your counsel.) While nothing
Ware was in strategic plan-
Investigations are often instigated by
seems to be happening legislatively, the
ning, product development,
disgruntled employees or whistleblow-
emphasis on “enforcement” has shifted
and land acquisition for Ashton Woods Homes’
ers, or sometimes by competitors. I-9
from the individuals to the employers. I
Houston and Dallas divisions. Ware began his real
audits are compliance matters, and while
estate career in 2001 with Deloitte and Touché’s
attended a legal seminar covering some
they may result in high fines, they are
Financial Advisory Services.
recent developments. While this is not
not the same as a criminal investiga-
legal advice (my disclaimer), I will share
Since joining Metrostudy, Ware has completed
tion which may start with a raid which
some of the points made. But if you are
and delivered more than 100 custom market
requires no notice.
studies focusing on single-family and multi-family
contacted by Immigrations & Customs
developments. Ware consults with his clients on a
Enforcement (ICE), I encourage you to
The bottom line is that all paperwork
wide variety services which include site selection,
talk to knowledgeable counsel and be
should be in order and all contracts
product positioning, product development, market
certain that you are complying with all
with subcontractors must state that
demand analysis, lot pricing, and business plan I-9 requirements.
they will comply with all laws. Contact
forecasts.
legal counsel to be certain you are doing
You must have a form I-9 for every em-
everything properly.
JACKIE WILCOx is busi-
ployee. Watch for a Notice of Investiga-
ness development manager for
tion for I-9 audits. Failure to have your
As for the policy reform, we will con-
Stewart Title and has been in
I-9s in order can result in high fines. ICE
tinue to work on it along with the
that position for 11 years. She
must give an employer three days notice,
NAHB and other interested groups.
has been involved in the real
estate industry for most of her
although they have been known to come
This is a very serious and complex issue
career. Active with the GHBA,
in and ask to see the files immediately.
that must be resolved.
she chaired the New Home &
Let them know you are aware of the
Remodeling Show for three years. Jackie is also
three day notice, and then call counsel
a member of the executive committee and a co- to perform an I-9 audit before the notice
founder of The Fort Bend Society of Commercial
period has expired. Counsel may also
Realtors
®
. She was a recipient of the PRISM
call ICE and ask for an extension.
award for Marketing Director of the Year as well
as the PRISM award for Associate Member of
Article by Toy Wood, JD, CAE. Wood serves
the Year in 2000. Jackie is a member of the Fort
as executive vice president and CEO of the
Bend Chamber of Commerce, Houston Associa-
Greater Houston Builders Association. She
tion of Realtors
®
, and a former vice chairman of
can be reached at
twood@ghba.org.
the Group Ticket Sales committee for the Houston
Livestock Show & Rodeo.
Gr e a t e r Ho u s t o n Bu i l d e r s as s o c i a t i o n – Bu i l d i n G a Be t t e r Fu t u r e | Ho u s t o n Bu i l d e r | JanuarY 2010
43
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