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B. Model Declaration of Chair and Exhibit

                      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.