IN THE UNITED STATES DISTRICT COURT FOR THE ______DISTRICT OF _______ _________ DIVISION EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, ) ) CASE NO. PLAINTIFF, ) ) V. ) DECLARATION OF ) ) EEOC CHAIR ) ) ) DEFENDANT, ) __________________________________________) DECLARATION 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, _____. [Insert here the title and statutory reference for the law(s) enforced in this action.] 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. I have personally reviewed the documents and portions of documents described in Exhibit A to this Declaration. The documents described in Exhibit A contain predecisional analyses, recommendations, and conclusions of Commission investigatory and legal personnel regarding the investigation of Charge No. _________. [The wording of the preceding sentence should be adapted to the documents being withheld.] 3. I conclude that disclosure to individuals outside the Commission of the documents and portions of 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. [The wording of the preceding sentence should be adapted to reflect the documents being withheld and/or the portions of documents being redacted.] 4. For the reasons stated in the preceding paragraph, I hereby claim, on behalf of the Commission, the governmental deliberative processes privilege for the documents and portions of documents, described in Exhibit A. I declare under penalty of perjury that the foregoing is true and correct. Executed on __________, 200___ . ___________________________ Cari M. Dominguez, Chair Equal Employment Opportunity Commission 1801 L. Street, N.W. Washington, D. C . 20507
Exhibit A 1. Portions of a _____ page memorandum, dated ________, from ________ Investigator, ________________ Office, to _____________, Director, ________________ Office, regarding Charge No._____. These portions of the memorandum, which appear on pages ______, contain the investigator's analysis of the information obtained during his/her investigation of Charge No. ________, his/her conclusions regarding the merits of the charge, and his/her recommendations to the Office Director regarding the Commission's determination on the charge. 2. Entry dated ________, made by __________, Investigator, _______________ Office, in the case log of the Commission's investigative file for Charge No. ________. This case log entry contains ________ regarding the investigator's conclusions about the credibility of an individual he/she interviewed as part of the investigation of Charge No. __________. 3. Memorandum of _____ pages, dated ________, from Regional Attorney, ________________ Office, to ________ Director, ________________ Office, regarding Charge No. _________. This memorandum contains the legal unit's analysis of the investigation of Charge No. ________, the legal unit's conclusions regarding the merits of the charge, and the Regional Attorney's recommendations to the Office Director regarding the Commission's determination on the charge.
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