WOTC database 08/04/21 (South Carolina Department Of Employment And Workforce)

Emily Corwin filed this request with the South Carolina Department Of Employment And Workforce of South Carolina.

It is a clone of this request.

Tracking #

2021-94

Multi Request WOTC database 08/04/21
Status
Completed
Tags

Communications

From: Emily Corwin

Attention: Work Opportunity Tax Credit (WOTC) Unit

To Whom It May Concern:

Pursuant to the South Carolina Public Records Law, 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 15 business days, as the statute requires.

Sincerely,

Emily Corwin

From: South Carolina Department Of Employment And Workforce

Ms. Corwin,
Thank you for your FOIA request regarding WOTC information in 2019 and 2020. This request is currently under review and we will have information for you as soon as possible.

Thank you for your patience.

From: South Carolina Department Of Employment And Workforce

Good morning,

This is in response to an inquiry regarding a FOIA request submitted to SCDEW.

A letter and schedule of fees were sent to Ms. Corwin's email address on August 27, 2021.

An invoice was also issued by our Finance Department on August 27, 2021. Please remit payment to the address located on the invoice.

The full amount of the total cost must be paid prior to the actual production of the request.

The responsive records will be transmitted following receipt of payment.

Please contact us by email at FOIA@dew.sc.gov or by mail at the following address if you have any questions:

SCDEW
Office of General Counsel
Attention: FOIA
P.O. Box 8597
Columbia, SC 29202

Kind regards,

[Description: Description: Description: Description: Description: DEWlogo.png]

Freedom of Information Act Office
South Carolina Department of Employment and Workforce
P.O. Box 8597, Columbia, SC 29202
Office: (803) 737-0395 | Fax: (803) 737-0124
Visit us on the web<https://dew.sc.gov/> | twitter<https://twitter.com/SCDEWinfo>

This SCDEW e-mail transmission, including any attachment(s), is intended only for the originally named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s), please notify the sender by reply e-mail, then delete & destroy the message and any attachment(s). Failure to comply with the preceding policy may result in federal or state prosecution.

From: Emily Corwin

Many thanks for this follow up.

I see the fee schedule you sent me on 8/27. Can you tell me if the $22 estimated will pay for all or part of my request? The request had three parts, consisting of, in summary:

1) Forms 9058
2) All or part of your database of WOTC applications
3) Any contracts with WOTC database vendors

Please inform.

Many thanks,
Emily Corwin
802 233 4992.

From: South Carolina Department Of Employment And Workforce

Good afternoon,

This is in response to an inquiry regarding a FOIA request submitted to SCDEW.

A letter and schedule of fees were sent to Ms. Corwin's email address on August 27, 2021.

An invoice was also issued by our Finance Department on August 27, 2021. Please remit payment to the address located on the invoice.

The full amount of the total cost must be paid prior to the actual production of the request.

The responsive records will be transmitted following receipt of payment.

Please contact us by email at FOIA@dew.sc.gov<mailto:FOIA@dew.sc.gov> or by mail at the following address if you have any questions:

SCDEW
Office of General Counsel
Attention: FOIA
P.O. Box 8597
Columbia, SC 29202

Kind regards,

[Description: Description: Description: Description: Description: DEWlogo.png]

Freedom of Information Act Office
South Carolina Department of Employment and Workforce
P.O. Box 8597, Columbia, SC 29202
Office: (803) 737-0395 | Fax: (803) 737-0124
Visit us on the web<https://dew.sc.gov/> | twitter<https://twitter.com/SCDEWinfo>

This SCDEW e-mail transmission, including any attachment(s), is intended only for the originally named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s), please notify the sender by reply e-mail, then delete & destroy the message and any attachment(s). Failure to comply with the preceding policy may result in federal or state prosecution.

From: Emily Corwin

Hello,

My apologies for the delay, and thank you for the reminders. I had missed the attachment identifying which portion of my request the payment was for, and explaining the denial of items #1 and #2. I have since located it and have this response:

I will forgo the responsive records for item #3, having identified the existence of responsive records is adequate for me for now. I am more concerned about accessing items #1 and #2.

First, I can tell you that the performance reports from USDOL you have directed me to do not contain the level of detail included in forms 9058, particularly the state-level details on occupational and wage data. Secondly, the fact that USDOL receives these records from you does not change your obligation to disclose records in your custody. If you are to deny item #1, please cite the applicable exemption to SC's public records law. I understand the form USDOL provides is online. However, most other states have been able to provide PDFs or JPG screenshots of their forms. I will attach an example.

For item #2 - I am seeking the database South Carolina uses to calculate/populate forms 9058 for USDOL. In particular, I am seeking the following fields from that database:

Business name | Target group | Starting Wages | Job Position | Approved/Denied | Date of Application Received

If these records are to be denied, please cite the law exempting it from disclosure. If a private vendor maintains the information for the state, please provide citations exempting the disclosure of these records beyond the absence of responsive record. I.e. a law exempting vendors providing record keeping services to state government from public records law.

Many thanks,
Emily

From: Emily Corwin

Attached are samples of responsive records from other states.

Thanks again,
Emily

From: South Carolina Department Of Employment And Workforce

Dear Ms. Corwin,

Thank you for your follow up email regarding FOIA Request 2021-94. As to #1, SCDEW was not asserting an exemption to the South Carolina Freedom of Information Act, but providing the information in a readily available format provided. However, the 9058 forms themselves can be compiled and emailed to you as PDF documents. The cost for this would be $11.00. This is due to the time of 0.5 hour required for staff to conduct a search and identify responsive documents.

As to #2, SCDEW does not have public records responsive to your request. To provide public records responsive to your request, SCDEW would need to conduct research and create new public records, which the Freedom of Information Act, S.C. Code Ann. 30-4-10 et seq, does not require.

Please contact us by email at FOIA@dew.sc.gov or by mail at the following address to confirm your agreement to pay the cost associated with part 1 of this request:

SCDEW
Office of General Counsel
Attention: FOIA
P.O. Box 8597
Columbia, SC 29202

Kind regards,

[Description: Description: Description: Description: Description: DEWlogo.png]

Freedom of Information Act Office
South Carolina Department of Employment and Workforce
P.O. Box 8597, Columbia, SC 29202
Office: (803) 737-0395 | Fax: (803) 737-0124
Visit us on the web<https://dew.sc.gov/> | twitter<https://twitter.com/SCDEWinfo>

This SCDEW e-mail transmission, including any attachment(s), is intended only for the originally named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s), please notify the sender by reply e-mail, then delete & destroy the message and any attachment(s). Failure to comply with the preceding policy may result in federal or state prosecution.

From:

Hello,

I do plan to pay the $11, thank you for the follow up. I have received another email from Lisa Sipe, cc’d, with two invoices, one for $11 and one for $22. It isn’t clear to me what each is for, or if there is some overlap. Can you clarify?

Also FYI I will be out of the office through next Wednesday, so there will be a delay before I am able to mail the check.
Thanks!
Emily

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