WOTC database 08/04/21 (Department of Labor and Regulation)
It is a clone of this request.
| Multi Request | WOTC database 08/04/21 |
| Submitted | Aug. 4, 2021 |
| Est. Completion | None |
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Communications
From: Emily Corwin
Attention: Work Opportunity Tax Credit (WOTC) Unit
To Whom It May Concern:
Pursuant to the South Dakota Open 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 10 business days, as the statute requires.
Sincerely,
Emily Corwin
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following South Dakota Open Records Law request, copied below, and originally submitted on Aug. 4, 2021. 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 Labor and Regulation
Emily Corwin,
The Department of Labor and Regulation (the "Department") receive a record request from you on august 6, 2021 and a reminder of the same request on August 18, 2021. Both communications have bene attached to this email for your reference.
In your request you are seeking information regarding Work Opportunity Tax Credits. After reviewing the requests it has been determined that the information you are seeking is available at https://www.dol.gov/agencies/eta/wotc/performance. The information in broken down by state for years 2017 through 2020.
Please let me know if you have any questions or concerns.
Sincerely,
Graham
[cid:image003.png@01D79449.F1804DC0]
Graham Oey | Senior Staff Attorney
DEPARTMENT OF LABOR AND REGULATION
Legal Services | 811 E. 10th St. Dept 41. | Sioux Falls, SD | 57103
605.367.4990 | dlr.sd.gov<https://dlr.sd.gov> | Like/Follow @SouthDakotaDLR<https://dlr.sd.gov/social_media.aspx>
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From: Emily Corwin
Hi Graham,
The information on the US DOL WOTC performance page doesn't include the level of detail I am seeking. For item 1), I am seeking forms 9058 as submitted by your department to the federal government for each quarter of 2019 and 2020. I'll attach some of the responsive records I've received from other states for this request so you can see what I'm describing. For item 2), I am seeking the database you use to complete forms 9058, or information about that database if you do not maintain it.
Does South Dakota track its WOTC data in house, or use a third party vendor?
Many thanks,
Emily
From: Department of Labor and Regulation
Good morning Emily,
Your follow up request has been received. This request may take up to 10 business days to process. If it appears it will take longer I will send another email giving you and estimated time.
Thank you for your patience,
Graham
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~WRD3817
From: Department of Labor and Regulation
Good afternoon Emily,
The WOTC Performance Webpage previously sent to you reports national annual performance, wage, and occupational data. The Information from each state grantees' quarterly 9058 report is compiled into the annual performance report on the DOL/ETA website. The PDF links are on the website<https://www.dol.gov/agencies/eta/wotc/performance#nat-tax-cert>. Further requests should be directed to the Employment & Training Administration of the US Department of Labor.
Concerning your second request, no third party is used. Information obtained is directly inputted to the federal form ETA 9058 by Department staff.
Sincerely,
Graham
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From: Emily Corwin
Hi Graham,
Thanks for your follow-up. The USDOL performance page annual reports do not break out wage and occupational information by state, even though your department provides them with that information in the reports I am seeking. Are you arguing that because the USDOL is a custodian of the same records you are, that you are exempt from disclosure?
Please cite the exemption to South Dakota's Open Records Law prohibiting your department from disclosing the records requested in item 1) and the data requested in item 2).
For item 2.), I am seeking either the entire database, or the portion of the database covering 2018, 2019 and 2020, with records for each tax credit sought. The format could look like this:
Business name | WOTC target group | Wage | Job Position | Denial/Approval
I will attach one of the reports I have received from other states in response to a similar request. If needed, I can also share those provided by North Dakota, Arizona and Tennessee.
Many thanks for your assistance.
Emily
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Copy_of_MuckRock-APRA-20210820.xlsx
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following South Dakota Open Records Law request, copied below, and originally submitted on Aug. 4, 2021. 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 Labor and Regulation
Good afternoon Emily,
Thank you for the follow up email.
I am not taking the position at this time that the Department of Labor is exempt from disclosure. I am stating that the information you are requesting is provided on the website I sent, https://www.dol.gov/agencies/eta/wotc/performance#nat-tax-cert. The link on that page to the 2020 report is https://www.dol.gov/sites/dolgov/files/ETA/wotc/pdfs/WOTC_2020_State_and_National_Annual_Report.pdf. Other links are noted by their year on that page. On that report though, the information you are seeking is broken down by state. If I am misunderstanding your request I do apologize.
For item 2.) my understanding is there is no database. As I stated previously, the information is inputted to the federal form, which then becomes part of the reports available here. https://www.dol.gov/agencies/eta/wotc/performance#nat-tax-cert. Under SDCL 1-27-1.4 the department is not required to provide information in a specific format, so it is my position that this format is responsive to your request.
If I am misunderstanding, I apologize and will continue to work with you to fulfill your request.
Sincerely,
Graham
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~WRD0000
From: Emily Corwin
Hi Graham,
Thanks for the follow up.
On item #1: The USDOL reports you have pointed me to do not contain state-level data regarding WOTC recipients' occupations or wages. The forms you submit to USDOL so that they can create that report do contain state-level data on recipients' occupations and wages.
On item #2: if there is no database, can you tell me how your agency stores and aggregates the data it inputs into form 9058?
Many thanks for your timely response.
Emily
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