3416 Warren Place, Apt 201
Virginia Beach, VA 23452
Email: tdcoates@gmail.com | Tel: (757) 374-3539

10/07/2025

Information Control Unit, Virginia Employment Commission

Re: FOIA / Public Records Demand – Claimant Thomas D. Coates (ID 54377566); Issue ID 25113068 (Deputy decision pending / inchoate)

To Ms. Tanzania.Brown-Nolan and the VEC FOIA / Public Records Officer:

Please be advised that this is a formal demand for disclosure under the Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.), as well as a preservation notice, requiring that all responsive records be preserved and produced without delay.

This request concerns the so-called Deputy decision dated October 2, 2025 (Issue ID 25113068), which I treat as not yet lawful, not final, and pending because it was issued without lawful underpinning. Accordingly, to evaluate and contest that decision, and to expose prior VEC adjudications or decisions bearing on my rights, I request all supporting records, audit trails, internal memoranda, comparisons, and prior case files relating to this claim and all prior VEC decisions involving me (by claim number, order, or appeal).

Below is a comprehensive list of requested materials, organized by category and date periods. I expect full compliance except for narrowly redacted material under specific exemptions.

Requested Records (All inclusive, by date & matter)

A. Supporting Documentation for Deputy Decision (Issue ID 25113068 / Mail Date 10/02/2025)

1. The full case file materials submitted to and reviewed by the Deputy, including employer wage submissions, claimant responses, correspondence, interrogatories, and worksheets.

2. All internal memos, staff notes, adjudicator worksheets, or deliberation documents referenced in connection with that decision.

3. The VUIS system audit logs, metadata, and change history showing who accessed, modified, or reviewed the payroll or eligibility data used in that decision.

4. Any reconciliation spreadsheets or comparisons between Cox Communications payroll data and the VEC FOIA-released payroll extracts or wage files.

5. Any legal or supervisory review memos, override memos, or second-level checks taken before issuance of that decision.

6. All communications (including email, call logs, notes) between VEC personnel and Cox Communications regarding wage validation or separation information specifically tied to this claim.

7. Any internal justification or documentation referencing “Section 60.2-614” usage for this denial, including precedent citations, internal guidance, or decision matrices.

B. Historic / Prior VEC Orders, Decisions, and Adjudications Involving the Claimant
8. All prior Deputy decisions, Commission-level decisions, appeals examiner decisions, or internal orders relating to my various claim numbers (UI-145419-C, 3858978, 54377566).
9. All internal appeal logs, reversal notes, supplemental decision memos, and case-reopening documentation for prior denials or awards.
10. All FOIA request logs, search logs, disclosure memos, and prior record production logs that VEC has made concerning my cases (reference FOIA productions 2025-F-15770, 2025-F-15771).
11. All audit trails and access logs for the computer systems (VUIS, wage database, payroll modules) relating to my cases including prior ones, from January 2024 to present.
12. All internal correspondence, memoranda, and legal reviews regarding policy application of § 60.2-614, ministerial rules, or interpretations as applied to my claims.
13. All internal VEC or supervisory memoranda that reference my name, claim file, or related adjudications among VEC offices or divisions.
14. All VEC training materials, adjudication guidance, or supervisor directives used in the periods when my claims were adjudicated, to show standard operating assumptions or biases.
15. All internal VEC case-management logs, investigator notes, chronological event logs, or timeline charts created in the context of reviewing my claims.
16. All notifications, hearing notices, and mailing logs used for prior determinations in my cases, with timestamp metadata.
17. Any internal VEC tracking or docketing records showing when my claims or appeals were transmitted between internal units.
18. All documentation of any internal audits, reviews, or quality assurance checks specifically flagged or conducted on my file or on the class of cases to which mine belongs.

Legal Basis & Statutory Support

I rely on the following statutory authorities in making this FOIA demand:

1. Va. Code § 2.2-3704.01 — When a record contains both exempt and nonexempt material, VEC has a duty to redact, not withhold the entire document. Virginia Law

2. Va. Code § 2.2-3700 et seq. — The general Virginia FOIA presumption is that all public records are open, and any exemption must be narrowly construed. Virginia Law+2Virginia Peninsula Community College+2

3. Va. Code § 2.2-3705.1 — VEC must cite the specific statutory exemption for any withheld portion (e.g. personnel records, legal work product). foia.vt.edu+1

4. Va. Code § 60.2-107 — Any waiver of rights under Title 60.2 is void, relevant to how VEC treats disability or pay classification in adjudications. Justia Law

5. Va. Code § 60.2-619 — Governs determinations, deputy decisions, appeal procedure, and recordkeeping in unemployment decisions. (VEC must follow procedure before issuing a deputy determination.) Justia Law

6. Va. Code § 60.2-114 — VEC’s statutory recordkeeping and reporting authority under the Unemployment Compensation statute (i.e., VEC must maintain records and furnish data, which supports your right to obtain them). Justia Law

Request for Relief and Response Instructions

• I request that VEC acknowledge receipt of this FOIA demand within the statutory period (usually five working days under Va. Code § 2.2-3705).

• I request that VEC produce all nonexempt records in electronic format, ideally via secure file transfer, without unnecessary delay.

• For any portion withheld or redacted, VEC must provide a written justification, referencing the exact statutory exemption (Va. Code § 2.2-3705.1) and the basis for redaction.

• If VEC anticipates inability to produce in full within the normal time, I request a written delay notice and consultation to narrow or phase production (consistent with FOIA principles).

• I demand preservation of all responsive materials — no alteration, destruction, or suppression of records from now forward.

• This FOIA request is intended to inform my pending appeal, challenge to the Deputy decision, and, if necessary, judicial review. Treat the pending decision as not yet valid until full record disclosure and review.

Thank you for your prompt attention to this matter. I expect that VEC will comply with its statutory duties without undue delay. If you decline or partially withhold any part of this request, please provide detailed, statutorily required justification so that I may challenge any refusal administratively or in court.

Respectfully submitted,
/s/ Thomas D. Coates
Thomas D. Coates
Claimant / FOIA Requester
Date: 10/07/2024