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

Attention: Work Opportunity Tax Credit (WOTC) Unit

To Whom It May Concern:

Pursuant to the West Virginia Freedom of Information 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 5 business days, as the statute requires.

Sincerely,

Emily Corwin

Hello,

Thanks so much for these records. Regarding item #2 of my request, I see that you are denying the database based on the fact that it contains PII. Many states have been able to provide me with a filtered report from their database consisting of WOTC certifications from 2018, 2019 and 2020, containing something like the following fields, with one row for each credit sought.

Business name | Target group | Starting wage | Job position | Date of application submission | Approve/Deny

I'm happy to chat on the phone if any of these fields present a challenge.

I will attach an example from Rhode Island. Please let me know if you are able to provide such a report, citing the applicable public records law exemption if not.

Many thanks again for your assistance.
Emily Corwin
802 233 4992.

Hello,

Not hearing a response to my last email, I would like to appeal your denial on item #2, as I am very confident the fields I am requesting do not contain PII as defined by the USDOL and Office of Management and Budget. I am attaching an email from the USDOL office to the public records officer for the state of Virginia stating this clearly.

Would you like to reconsider before I begin the appeals process? If not, can you inform me of my appeal options? Which court does this begin in, and is there an administrative process first, such as a complaint to the AG?

Many thanks,
Emily Corwin
802 233 4992