In this declaration, former Chairwoman Ida Castro asserted the deliberative process privilege for a memorandum prepared in response to the legal unit's guidance to the investigator regarding information to obtain in the investigation and for other documents containing the investigator's analyses and investigative strategy.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ________________ EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, ) ) Plaintiff, ) CIVIL ACTION NO._________ ) v. ) Judge __________ _________________________, ) ) ) Defendant. ) ____________________________________) DECLARATION I, Ida L. Castro, state the following: 1. I am the Chairwoman of the United States Equal Employment Opportunity Commission (the "Commission"). The Commission is responsible for the administration, interpretation, and enforcement of, among other statues, Title VII of the Civil Rights Act of 1964, §§ 2000e et seq. As Chairwoman, I am responsible for the implementation of Commission policy and the overall operation and administration of the Commission. I am authorized to invoke on behalf of the Commission the governmental privilege for deliberative processes. 2. The operation of the Commission as a law enforcement agency requires the free expression by Commission employees of analyses, advice, recommendations, and conclusions regarding charges processed by the Commission. I have personally reviewed the documents described in Exhibit A to this Declaration. The documents described in Exhibit A contain predecisional analyses and conclusions of Commission investigatory personnel regarding the investigation of Charge Numbers _____________ and _____________. 3. I conclude that disclosure to individuals outside the Commission of the documents described in Exhibit A would inhibit the free expression of opinions by Commission employees, thereby impairing the Commission's ability to enforce the statutes within its authority. 4. For the reasons stated in the preceding paragraph, I hereby claim, on behalf of the Commission, the governmental deliberative process privilege for the documents described in Exhibit A. I declare under penalty of perjury that the foregoing is true and correct. Executed on ________________, 2000. ___________________________ Ida L. Castro, Chairwoman EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L. Street, N.W. Washington, D. C . 20507
EXHIBIT A 1. Twelve page memorandum (Documents Bates Stamped Numbers E0060- E0071) to file titled "_____________'s Memo," dated 6/2 written by _____________, at the time an investigator with the _____________ Office of the Equal Employment Opportunity Commission ("EEOC"). This memorandum was prepared in response to directions from _____________, a supervisory trial attorney in the _____________ Office's legal unit, regarding information to obtain in the investigation of Charge Numbers _____________ and _____________, and contains Ms. _____________'s strategy for further investigation of these charges. 2. Six page Case Development Plan (Documents Bates Stamped Numbers E0263-E0268), undated, prepared by _____________, at the time an investigator with the EEOC's _____________ Office, containing Ms. _____________'s analysis of information obtained during her investigation of Charge Number _____________, her opinions and conclusions regarding the merits of the charge, and strategies for her investigation of the charge. 3. Five page memorandum to file (Documents Bates Stamped Numbers E0350-E0354) titled "Investigator's Assessment and Analysis of Charge Receipt Information," dated 1/22/98, prepared by _____________, at the time an investigator at the EEOC's _____________ Office, containing Ms. _____________'s analysis of information regarding Charge Number _____________ and strategies for her investigation of the charge. * * * * *
In this declaration, Chair Cari Dominguez asserted the deliberative process privilege in support of a motion for protective order opposing defendant's Fed. R. Civ. P. 30(b)(6) deposition notice. Defendant sought to depose Commission staff regarding the field office's investigative strategies, the basis of the cause determination, and the reasons for the Commission's decision to file suit.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ________________ EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, ) ) Plaintiff, ) CIVIL ACTION NO._________ ) v. ) Judge __________ _________________________, ) ) ) Defendant. ) ____________________________________ DECLARATION OF EEOC CHAIR CARI M. DOMINGUEZ I, Cari M. Dominguez, state the following: 1. I am the Chair of the United States Equal Employment Opportunity Commission ("The Commission"). The Commission is responsible for the administration, interpretation, and enforcement of, among other statutes, Titles I and V of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C.§§ 12101 et seq. As Chair, I am responsible for the implementation of Commission policy and the overall operation and administration of the Commission. I am authorized to invoke on behalf of the Commission the governmental privilege for deliberative processes. 2. The operation of the Commission as a law enforcement agency requires the free expression by Commission employees of analyses, advice, recommendations, and conclusions regarding charges processed by the Commission, including decisions to initiate litigation on such charges. I have personally reviewed the Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) in the above-designated case served on the EEOC on February 26, 2002, which is attached as Exhibit A. The items in the Notice of Deposition relating to the EEOC's methods and strategies in conducting its investigation of the charge on which the above-designated suit is based, the bases of EEOC's reasonable cause finding on the charge, and the reasons for EEOC's decision to file suit on the charge relate to pre-decisional analyses, advice, recommendations, and conclusions of Commission employees. 3. I conclude that disclosure to individuals outside the Commission of the information described in paragraph 2. above would inhibit the free expression of opinions by Commission employees. Such disclosure would materially impair the Commission's ability to enforce the statutes within its authority. 4. For the reasons stated above, I hereby claim, on behalf of the Commission, the governmental deliberative processes privilege with respect to deposition inquiries that relate to EEOC's methods and strategies in conducting its investigation of the charge on which the above-designated suit is based, the bases of EEOC's reasonable cause finding on the charge, and the reasons for EEOC's decision to file suit on the charge. I declare under penalty of perjury that the foregoing is true and correct. Executed this ______ day of March, 2002. ___________________________ Cari M. Dominguez, Chair Equal Employment Opportunity Commission 1801 L. Street, N.W. Washington, D. C . 20507
This page was last modified on May 18, 2005.