WOTC database (Department Of Labor & Employment)

Emily Corwin filed this request with the Department Of Labor & Employment of Colorado.
Multi Request WOTC database
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From: Emily Corwin

To Whom It May Concern:

Pursuant to the Colorado Open Records 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 maintained by your department tracking Work Opportunity Tax Credit certifications, preferably in .csv or .xlsx format.

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 3 business days, as the statute requires.

Sincerely,

Emily Corwin

From: Department Of Labor & Employment

Additional information - Please refer to the ETA WOTC Performance page here
<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.dol.gov_agencies_eta_wotc_performance&d=DwMFAg&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=gvlHbJVvWOvyoLn4vEMzTgmrj2EJGARvwVZKGZd9_YQ&m=ufSWkVQ1-nwNrgGJU44iCQQc902VoTpBPhO9E_XdV60&s=KOafdbhU_FU-w95TUMu3jwKje98Iue2t3YfysSAEQkI&e=>
for
that data. WOTC performance data reports are available to the general
public for download, including tables for an overview of WOTC annual
performance, wage, and occupational data. If you are requesting additional
years that are not available on the webpage, a FOIA request can be
submitted to USDOL.

Office of Government, Policy & Public Relations

We Keep Colorado Working.

633 17th St, Suite 1200, Denver, CO 80202

cdle_pr@state.co.us | www.colorado.gov/cdle

From: Department Of Labor & Employment

Sorry for the delay in responding to you. It has been determined that the
information that you seek is not available due to:

- it is proprietary to CSDC,
- contains personal identifying information that is not releasable,
- and Oregon holds confidential the data collected about employers as we do
their business.

Office of Government, Policy & Public Relations

We Keep Colorado Working.

633 17th St, Suite 1200, Denver, CO 80202

cdle_pr@state.co.us | www.colorado.gov/cdle

From: Emily Corwin

Thanks for the response.

Many states have been able to provide me with the portion of their WOTC database containing the following information for each tax credit sought for years 2018, 2019 and 2020.

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

I will include one of these reports for your perusal.

If Colorado is unable to provide this information, please cite the relevant exemption/s to Colorado's public records law.

As for item 1), the forms 9058 I am requesting contain more detailed information than the federal annual reports do -- namely, the feds do not break out wage and occupation data by state. Many states have provided me with screenshots or saved versions of their reports to USDOL. I will attach one such PDF for your perusal as well. If these are also to be denied, please cite the relevant exemptions.

Many thanks,
Emily

From: Emily Corwin

Attaching the database example here.

Thanks,
Emily

802 233 4992.

From: Emily Corwin

Hello,

I just wanted to follow up on the data I am seeking. You say the information I have sought is not available first, because it is proprietary to CSDC. Can you tell me what you mean by proprietary and what body you are referring to with the acronym CSDC? Next you say it contains personal identifying information. While the database may indeed contain PII, I am not seeking any information that is defined as PII by the USDOL. I urge you to confirm this with them directly if you are uncertain. Finally, you say "Oregon holds confidential the data collected about employers as we do
their business." I assume you must mean Colorado, and request that you kindly cite the law you believe makes businesses names confidential.

You can view a few examples of other states' responsive records here: https://www.dropbox.com/sh/nm11juhxwes8a9m/AAA7K5aB-wVGqhLFKb40_J-Qa?dl=0

Please confirm receipt of this message.

Many thanks,
Emily Corwin
802 233 4992

From: Department Of Labor & Employment

A response was provided to you on September 1, 2021. Unfortunately the
level of detail you seek is not available.

Office of Government, Policy & Public Relations

We Keep Colorado Working.

633 17th St, Suite 1200, Denver, CO 80202

cdle_pr@state.co.us | www.colorado.gov/cdle

From: Emily Corwin

Hello,

Your Sept 1 response claims the records I seek are proprietary. For the second time, I am requesting that you cite the statute exempting the records from disclosure under CORA, and that you specify which of the records I seek are exempt under each statute cited.

Your response dated 10/28 then states that the level of detail I seek is not available. I kindly request that you clarify what level of data *is* available, and disclose those records or cite relevant statute exempting them as you are required by law.

Many thanks,
Emily Corwin

From: Department Of Labor & Employment

In response to your most recent inquiry, on Sept 1, 2021 the reply to your
inquiry included the following information:

" Sorry for the delay in responding to you. It has been determined that the
information that you seek is not available due to:

- it is proprietary to CSDC,
- contains personal identifying information that is not releasable,
- and Oregon (lead) holds confidential the data collected about employers
as we do their business."

"Additional information - Please refer to the ETA WOTC Performance page here
<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.dol.gov_agencies_eta_wotc_performance&d=DwMFAg&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=gvlHbJVvWOvyoLn4vEMzTgmrj2EJGARvwVZKGZd9_YQ&m=ufSWkVQ1-nwNrgGJU44iCQQc902VoTpBPhO9E_XdV60&s=KOafdbhU_FU-w95TUMu3jwKje98Iue2t3YfysSAEQkI&e=>
for
that data. WOTC performance data reports are available to the general
public for download, including tables for an overview of WOTC annual
performance, wage, and occupational data. If you are requesting additional
years that are not available on the webpage, a FOIA request can be
submitted to USDOL."

Office of Government, Policy & Public Relations

We Keep Colorado Working.

633 17th St, Suite 1200, Denver, CO 80202

cdle_pr@state.co.us | www.colorado.gov/cdle

From: Emily Corwin

Hi again,

Thank you for your email. However, the explanations you describe are not citations. I ask that you please explain the legal exemptions from CORA for your denial citing relevant state or federal statutes; state or federal regulations, and/or case law, so that I can review your reasoning and determine if an appeal is necessary.

Thanks,
Emily

From: Department Of Labor & Employment

In response to your inquiry of 1/4/22 I have attached the requested
documents less any PII as defined by the Governor's May 20, 2020 guidance.

Due to the Governor's " GUIDANCE TO EXECUTIVE BRANCH DEPARTMENTS AND
AGENCIES ON DATA PRIVACY" data including a person's name, date of birth,
social security number, wages, and place of employment cannot be released.
As such such information has been removed from the requested documents.

The password for the spreadsheets is "Wotc2021".

Office of Government, Policy & Public Relations

We Keep Colorado Working.

633 17th St, Suite 1200, Denver, CO 80202

cdle_pr@state.co.us | www.colorado.gov/cdle

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From: Emily Corwin

Many thanks for this. I have a few questions for you.

1. Is this a list of approved (verified) applications or both those approved AND those denied?
2. If it is the latter, is it possible to get an "approved/denied" status field? I don't see that in your list of exempt materials.
3. The Target Groups included here (in the field named "Request") have multiple target groups listed for many of the records (E.g. A B1, V4, V6, G) Can you tell me if these are the target group categories the applicant has indicated may be relevant, or have these all been verified as WOTC-eligible?
4. If it is the former (Target groups listed may not have been verified), is it possible to get a new set of exports with verified target groups only?
5. I understand that my very first request included only 2019 and 2020 for the quarterly reports, and offered no dates in my request for the database. However, when I followed up on 9/02/21 with more specifics about the database I was seeking, I asked for three years: 2018, 2019 and 2020. Are you able to provide me with the 2018 data?

More than happy to speak by phone. 802 233 4992.

Many thanks again,
Emily Corwin
emilycorwin@gmail.com

From: Emily Corwin

Hi again,

I'm just hoping to get a confirmation of receipt of the inquiries I sent over on 1/12.

Many thanks for your ongoing assistance.

Emily

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