Skip top navigation Skip to content

Print   Email  Share

C. Sample Declarations of Chair

1. Declaration for Response to Motion to Compel Investigative Materials

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.


                             *   *   *   *   *

2. Declaration in Support of Motion for Protective Order Regarding Deposition of Agency Staff

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