ODJFS fraud audit data
| Submitted | Aug. 8, 2023 |
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Communications
From: Todd Feathers
To Whom It May Concern:
Pursuant to the Ohio Open Records Law, I hereby request the following records:
1) Copies of the following data files supplied by ODJFS to the Department of State's Data and Information Technology Audit group as part of the state auditor's October 2021 report on unemployment insurance fraud adjudication:
• Adjudicated fraud claims from the OJI and uFACTS systems for the period March 1, 2020 through February 28, 2021.
• Potential fraud claims from the OJI and uACTS systems for the period March 1, 2020 through February 28, 2021.
These data files are referenced on page 23 of the auditor's report (https://ohioauditor.gov/auditsearch/Reports/2021/Ohio_Department_of_Job_and_Family_Services_21_Franklin_Unemployment_Fraud_FINAL.pdf)
If the data files contain personally identifying information (e.g. name or address) I acknowledge that the personally identifiable fields will need to be removed or redacted prior to release.
I ask that all fees be waived as I am a journalist and intend to use the requested records to publish articles in the public interest about the operations of a government agency. In the event you choose to impose fees, I request a detailed breakdown of the fees, including the hourly wage of each employee involved and an explanation of the employee hours required to fulfill the request.
Should you choose to reject this request or redact portions of responsive documents, I ask that you provide a detailed breakdown of the statutory exemptions and associated case law underlying your decision to withhold each/any portions from public review.
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 10 business days.
Sincerely,
Todd Feathers
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Ohio Open Records Law request, copied below, and originally submitted on Aug. 8, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Jobs and Family Services
Dear Mr. Feathers, I apologize that we have not yet responded to this request. We are working on the response and I hope to be in touch with you next week.
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Nicole S. Moss
Deputy Chief Counsel, Office of Legal Services
D: 614.995.0131
She/Her
This e-mail, together with any attachments or files transmitted with it, may contain confidential information belonging to the sender, or constitute non-public information that is not subject to disclosure under O.R.C. Section 149.43, Ohio's Public Records Act. Additionally, if the sender is an employee of the Ohio Department of Job and Family Services, this e-mail, together with any attachments or files transmitted with it, may contain information that is protected by the attorney-client privilege or other applicable privileges. The information in this e-mail is intended solely for the use of the individual or entity to whom it is addressed. If you are not the named addressee, you should not disseminate, distribute, or copy this e-mail. If you have received this e-mail in error, please immediately notify the sender by e-mail and delete this e-mail from your system. If you are not the intended recipient, do not disclose, copy, distribute, or re-distribute this e-mail or take any action in reliance on the contents of the information contained in this e-mail. Nothing contained in this notice by itself exempts, nor should it be interpreted to by itself exempt, this e-mail from disclosure as a public record upon the proper submission of a request for public records pursuant to O.R.C. Section 149.43, Ohio's Public Records Act.
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From: Department of Jobs and Family Services
Dear Mr. Feathers, Thank you for your correspondence last night. You are correct that I was intending to respond to your public records request of August 8, 2023. Just so that our records are clear, I am resubmitting that response here. We are still working on our response to your request from August 15, 2023. I should be in touch with you regarding that request next week.
We have reviewed your public records request sent on August 8, 2023, and must deny it. Neither Ohio nor federal law permits the disclosure of the records you seek.
Ohio Revised Code 4141.21 provides that "the information maintained by the director of job and family services or the unemployment compensation review commission or furnished to the director or commission by employers or employees pursuant to this chapter is for the exclusive use and information of the department of job and family services and the commission in the discharge of their duties and shall not be open to the public." Two exceptions are identified by the statute: RC 4141.162 and 4141.43. R.C. 4141.162 requires the state to create an income and eligibility verification system and share eligibility information with other federal and state programs. R.C. 4141.43 permits ODJFS to share information with other federal and state entities. Since your request meets neither of these exceptions, the records you request cannot be provided.
Federal law is similarly limiting, permitting release of unemployment information only where state law permits, or in certain circumstances. For example, 20 C.F.R. 605.3(h) and 20 C.F.R. 607 (b) permits the state to release unemployment information to a state entity that has subpoena power without a subpoena. The Ohio Auditor is empowered to issue subpoenas under R.C. 117.18, thus ODJFS' tender of the documents of the documents you have requested, and which were sent to the Ohio Auditor, is in accord with state and federal law. There is not, however, any basis in federal law to provide these records to you.
Regards,
[cid:image002.png@01D9E7AF.451BE790]
Nicole S. Moss
Deputy Chief Counsel, Office of Legal Services
D: 614.995.0131
She/Her
This e-mail, together with any attachments or files transmitted with it, may contain confidential information belonging to the sender, or constitute non-public information that is not subject to disclosure under O.R.C. Section 149.43, Ohio's Public Records Act. Additionally, if the sender is an employee of the Ohio Department of Job and Family Services, this e-mail, together with any attachments or files transmitted with it, may contain information that is protected by the attorney-client privilege or other applicable privileges. The information in this e-mail is intended solely for the use of the individual or entity to whom it is addressed. If you are not the named addressee, you should not disseminate, distribute, or copy this e-mail. If you have received this e-mail in error, please immediately notify the sender by e-mail and delete this e-mail from your system. If you are not the intended recipient, do not disclose, copy, distribute, or re-distribute this e-mail or take any action in reliance on the contents of the information contained in this e-mail. Nothing contained in this notice by itself exempts, nor should it be interpreted to by itself exempt, this e-mail from disclosure as a public record upon the proper submission of a request for public records pursuant to O.R.C. Section 149.43, Ohio's Public Records Act.
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