WOTC database 08/04/21 (Department of Commerce)

Emily Corwin filed this request with the Department of Commerce of Kansas.

It is a clone of this request.

Multi Request WOTC database 08/04/21
Est. Completion None
Status
Withdrawn

Communications

From: Emily Corwin

Attention: Work Opportunity Tax Credit (WOTC) Unit

To Whom It May Concern:

Pursuant to the The Kansas Open Records Act, I hereby request the following records:

1) All reports regarding Work Opportunity Tax Credits certified in 2019 and 2020 provided to the US Department of Labor, including forms 9058.
2) Any database tracking Work Opportunity Tax Credit certifications which is created or maintained by your department or by any third party vendor under contract with your department, preferably in .csv or .xlsx format. If it is easier, the database can be limited to the calendar or fiscal years ending in 2018, 2019 and 2020.
3) The most recent of any contracts with third party vendors to track WOTC certifications.

My goal is to ascertain which businesses and industries are applying for and/or receiving Work Opportunity Tax Credits, for which categories of employees and which occupations. If a conversation could help narrow or expedite the completion of this request, I am available at 802 233 4992 and emily_corwin@harvard.edu.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Emily Corwin

From: Department of Commerce

The Kansas Department of Commerce (Commerce) has received your request for records pursuant to the Kansas Open Records Act (KORA) dated October 1, 2021. Your request included the following:

1. All reports regarding Work Opportunity Tax Credits certified in 2019 and 2020 provided to the US Department of Labor
2. Any database tracking Work Opportunity Tax Credit Certification which is created or maintained by your department or by any third party vendor under contract with your department
3. The most recent of any contract with third party vendors to track WOTC certifications
On September 24, 2021, Commerce responded to the same KORA request. On that date, Commerce provided an invoice for documents covered under item 1 and addressed items 2 and 3. Commerce has not been provided payment for item 1 to provide that documentation as of today's date. In light of our previous response, Commerce finds that this request has been satisfied.

Amber Cabrera
Attorney
Kansas Department of Commerce
1000 S.W. Jackson St., Suite 100
Topeka, KS 66612-1354
Phone: 785.296.1913
Fax: 785.296.6809

This e-mail, along with any documents, files, or attachments is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, attorney work product, or otherwise protected from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner.

From: Department of Commerce

On October 4, 2021, The Kansas Department of Commerce (Commerce) spoke with a representative with your agency regarding the KORA request referenced in this email chain. Essentially your agency clarified that it was seeking a list in .csv or .xlsx format regarding data used to populate forms 9058, mentioned in item 1, for which your agency has received an invoice.

Commerce is not in possession of a database in the format you requested and is unable to grant your request for item 2. The amount of time and resources required to collect the information you requested and compile it in the format you requested would place an unreasonable burden on Commerce. Commerce would have to pull every application and type that information into a document. This process would involve reviewing over 1,000 documents and would likely require Commerce to hire a temporary worker to accomplish the task in order for Commerce staff to focus on accomplishing their general duties and responsibilities. Due to the overly burdensome nature of your request, Commerce is within its authority to refuse to provide you with access to its public records. See, K.S.A. $ 45-218(e). Moreover, the Kansas Department of Commerce is not obligated to reformat data to comply with a request. See A.G. Opinion No. 94-104. Despite this refusal, Commerce remains committed to enabling the open inspection of its records and encourages you to contact us for information on how to make more reasonable requests in the future.

Amber Cabrera
Attorney
Kansas Department of Commerce
1000 S.W. Jackson St., Suite 100
Topeka, KS 66612-1354
Phone: 785.296.1913
Fax: 785.296.6809

This e-mail, along with any documents, files, or attachments is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, attorney work product, or otherwise protected from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner.

From: Amber Cabrera [KDC]
Sent: Monday, September 27, 2021 3:41 PM
To: requests@muckrock.com
Subject: RE: The Kansas Open Records Act Request: WOTC database 08/04/21 (Department of Commerce)

K.S.A. 45-218(a) provides that all public records shall be open for inspection by any person and suitable facilities shall be made available by each public agency for this purpose. Records pertaining to Item #2 are open for inspection upon logging into the website that was previously provided. Moreover, the Kansas Department of Commerce is not obligated to reformat data to comply with a request. See A.G. Opinion No. 94-104.

Amber Cabrera
Attorney
Kansas Department of Commerce
1000 S.W. Jackson St., Suite 100
Topeka, KS 66612-1354
Phone: 785.296.1913
Fax: 785.296.6809

This e-mail, along with any documents, files, or attachments is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, attorney work product, or otherwise protected from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner.

From: requests@muckrock.com<mailto:requests@muckrock.com> <requests@muckrock.com<mailto:requests@muckrock.com>>
Sent: Monday, September 27, 2021 1:55 PM
To: Amber Cabrera [KDC] <Amber.Cabrera@ks.gov<mailto:Amber.Cabrera@ks.gov>>
Subject: RE: The Kansas Open Records Act Request: WOTC database 08/04/21 (Department of Commerce)

EXTERNAL: This email originated from outside of the organization. Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Department of Commerce
ORA Office
Suite 100
1000 Southwest Jackson Street
Topeka, KS 66612-1354

September 27, 2021

This is a follow up to a previous request:

Many thanks, Amber.

Given that the invoice only pertains to item 1, can you provide me with an update on item #2? If this is being denied; on what basis (legal citations appreciated), etc. Please also note the email I sent on 9/24 just before you followed up with the invoice with additional details regarding item 2.

Many thanks.
Emily

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):
MuckRock News
DEPT MR 117173
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

---

On Sept. 24, 2021:
Subject: RE: The Kansas Open Records Act Request: WOTC database 08/04/21 (Department of Commerce)
Hello Emily,

The invoiced payment pertains to records responsive to #1. The amount due is $98 as noted in the invoice. Apologies for the inconsistency. Thank you.

Amber
---

On Sept. 24, 2021:
Subject: RE: The Kansas Open Records Act Request: WOTC database 08/04/21 (Department of Commerce)
Hi Amber,

Thank you for this. I have two questions for you.

First, does the invoiced payment pertain to records responsive to #1, #2, or both?

Second, your email says the amount due is $158, but the attachment says it is $98. Please advise.

Many thanks,
Emily
---

On Sept. 24, 2021:
Subject: RE: The Kansas Open Records Act Request: WOTC database 08/04/21 (Department of Commerce)
Good morning,

The Kansas Department of Commerce (“Commerce”) has finished processing your request for records pursuant to the Kansas Open Records Act (“KORA”). Your request included the following:

1. All reports regarding Work Opportunity Tax Credits certified in 2019 and 2020 provided to the US Department of Labor
2. Any database tracking Work Opportunity Tax Credit Certification which is created or maintained by your department or by any third party vendor under contract with your department
3. The most recent of any contract with third party vendors to track WOTC certifications

Commerce has gathered and reviewed the records subject to KORA that are responsive to your request. In order to receive your requested documents, you will be required to pay the balance of the actual costs of gathering and processing those documents. An invoice detailing the processing costs is attached to this message. After the payment of $158.00 has been received, the documents will be provided to you.

In regards to your request regarding any database tracking WOTC certification, Commerce directs you to Home Page - Kansas CertLink (kansaswotc.com). Unfortunately, Commerce is not in possession of “the most recent of any contract with third party vendors to track WOTC certifications.”

If you have any questions, please let me know.

Thank you,

Amber Cabrera
Attorney
Kansas Department of Commerce
1000 S.W. Jackson St., Suite 100
Topeka, KS 66612-1354
Phone: 785.296.1913
Fax: 785.296.6809

This e-mail, along with any documents, files, or attachments is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, attorney work product, or otherwise protected from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner.

---

On Sept. 24, 2021:
Subject: RE: The Kansas Open Records Act Request: WOTC database 08/04/21 (Department of Commerce)
Hello,

I just wanted to follow up on this request and provide some additional context which may assist you in meeting your statutory requirements to disclose nonexempt responsive records.

For item 1, please note: the USDOL’s performance reports do not contain the level of state-level detail regarding occupational and wage data I seek, and are not an adequate substitute for these reports. View samples of responsive records from other states here: https://www.dropbox.com/sh/nm11juhxwes8a9m/AAA7K5aB-wVGqhLFKb40_J-Qa?dl=0

For item 2: The database I am seeking is likely what is used to populate forms 9058, mentioned in item 1. In particular, I am seeking the following fields for 2018-2020, in .csv or .xlsx formats.

Business name | Target group | Starting wage | Job position | Approved/denied | Application date

View samples of responsive records from other states here: https://www.dropbox.com/sh/nm11juhxwes8a9m/AAA7K5aB-wVGqhLFKb40_J-Qa?dl=0

For item 3: This request can be disregarded if records responsive to item #2 are provided as described above.

Please let me know if you have any questions. I can be reached at 802 233 4992.

Many thanks,
Emily Corwin
---

On Sept. 20, 2021:
Subject: RE: The Kansas Open Records Act Request: WOTC database 08/04/21 (Department of Commerce)
To whom it may concern,

Unfortunately, the Kansas Department of Commerce is still currently working to identify and review any records which may be responsive to your request, Commerce needs additional time to respond to your request in full. While not all of your requested records may be available, we are committed to responding to your request as quickly as possible. The earliest date that records may be provided to you is September 24, 2021.

Amber
---

On Aug. 4, 2021:
Subject: The Kansas Open Records Act Request: WOTC database 08/04/21 (Department of Commerce)
Attention: Work Opportunity Tax Credit (WOTC) Unit

To Whom It May Concern:

Pursuant to the The Kansas Open Records Act, I hereby request the following records:

1) All reports regarding Work Opportunity Tax Credits certified in 2019 and 2020 provided to the US Department of Labor, including forms 9058.
2) Any database tracking Work Opportunity Tax Credit certifications which is created or maintained by your department or by any third party vendor under contract with your department, preferably in .csv or .xlsx format. If it is easier, the database can be limited to the calendar or fiscal years ending in 2018, 2019 and 2020.
3) The most recent of any contracts with third party vendors to track WOTC certifications.

My goal is to ascertain which businesses and industries are applying for and/or receiving Work Opportunity Tax Credits, for which categories of employees and which occupations. If a conversation could help narrow or expedite the completion of this request, I am available at 802 233 4992 and emily_corwin@harvard.edu<mailto:emily_corwin@harvard.edu>.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Emily Corwin

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):
MuckRock News
DEPT MR 117173
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
[http://email.requests.muckrock.com/o/eJwNyksOwiAQANDTyJIwA1NgwYKaeA3Dr0qQkFLr-e3uLV52RAsrPdTPs2YHEi0oy95O0yIvxk1kILJhSxFAK4WIhFgUqw4FgrCowZAiyYEbrxHlYyW7etRmvSkxy36W43vwfqY2R2o8jc6m8z2Wye8hzjLD9drBX-P3B4nuKFA]

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