|Submitted||April 9, 2020|
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To Whom It May Concern:
Pursuant to the West Virginia Freedom of Information Act, I hereby request the following records:
A copy of the complaint and all records regarding the complaint filed by The International Brotherhood of Teamsters against West Virginia Right to Work Committee; approximate date around October 2016.
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 5 business days, as the statute requires.
Under W. Va. Code § 29B-1-4(a)(5) (link: http://code.wvlegislature.gov/29B-1-4/), information specifically exempted from disclosure by statute is exempt from disclosure under WV FOIA.
Pursuant to W. Va. Code § 3-8-8(i) (link: http://code.wvlegislature.gov/3-8-8/), "Any person who discloses the fact of any complaint, investigation, or report or any part thereof, or any proceedings thereon, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000, nor more than $5,000, and shall be confined in jail not less than six months nor more than one year."
Moreover, W. Va. Code of State Rules § 153-21-5.8. (link: http://apps.sos.wv.gov/adlaw/csr/readfile.aspx?DocId=25300&Format=PDF) provides, "Except as otherwise provided by code or this regulation, all details of any investigation, including the existence of any investigation, are confidential and may not be released by the Secretary of State."
The alleged complaint from 2016 that you are requesting, if any such complaint exists, is exempt from disclosure under the aforementioned statutes and Legislature-approved regulation. Therefore, your request is denied.
Should you disagree with this decision please contact the undersigned to discuss. Otherwise, you may file an action in the Circuit Court of Kanawha County, Charleston, WV.
Donald M. Kersey, III
West Virginia Secretary of State's Office
304-368-6344 (Direct Dial)
Email correspondence to and from this email address is subject to the West Virginia Freedom of Information Act and may be disclosed, in whole or in part, to third parties by an authorized State official. It may also be privileged or otherwise protected by work product immunity or other legal rules. Unauthorized disclosure of health, legally privileged, or otherwise confidential information, is prohibited by law. If you have received this email in error, please notify the sender immediately and delete all records of this email.