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D. Excerpts from Exhibits to Chair's Declarations

1. Confidential Third-Party Information

In the following excerpt, the Chair asserted the deliberative process privilege for a document containing analysis of confidential third-party information regarding arrest records obtained by the investigator in the course of the investigation.

                              Exhibit A
                                
     1.   Four page memorandum containing confidential third party 
     
information regarding arrest records, undated, from ____________, 

Investigator, ____________ Office, regarding charge number 

____________.  This chart contains the investigator's analysis of 

the information obtained during her investigation of this charge, 

and her conclusions regarding the merits of the charge.
                                
                          *   *   *   *   *

2. Portions of Investigator's Memorandum

In the following excerpt, the Chair asserted the deliberative process privilege for redacted portions of a memorandum from the investigator to the Office Director containing analyses, conclusions, and recommendations regarding the charge.

                              Exhibit A
           
      Exhibit A is a  two (2) page memorandum, dated June 23, 1997, 
      
from ____________,  Investigator, ____________ Office, to 

____________, Supervisor, ____________ Office, and to ____________, 

Enforcement Manager, ____________ Office, regarding Charge No. 

____________, from which the following items have been redacted: 


                  (1) The fifth paragraph on page 1, consisting of 
  
                      twenty-two lines, and ending on page 2; and

                  (2) a two-line recommendation on page 2.

                  
The redacted portions of the memorandum include the investigator's 

analysis of the information obtained during her investigation of 

Charge No. ____________, her conclusions regarding the merits of the 

charge, and her recommendations to the ____________ Director 

regarding the Commission's determination on the charge.

                          *   *   *   *   *

3. Communications with a Commissioner's Office

In this excerpt, the Chair asserted the deliberative process privilege for a memorandum from the EEOC Commissioner discussing the merits of charge and making recommendations on it. She also asserted the privilege for a memorandum from a Philadelphia legal unit trial attorney to the Commissioner's office discussing the merits of the charge.

                              Exhibit A
                                   
                          *   *   *   *   *
                                   
     5.  Memorandum of two pages, dated April 27, 1997, by EEOC 
     
Commissioner _____________________, regarding Charge Nos. 

____________ and ____________. This memorandum contains the 

Commissioner's discussion of the merits of the charge, and his 

recommendations regarding the Commission's determination on the 

charge.

     6.  Memorandum of three pages, with six pages of attachments, 
     
dated May 1, 1997, from ____________, Trial Attorney, ____________ 

Office, to ____________, Special Assistant to Commissioner 

_______________, regarding Charge Nos. ____________ and 

____________.  This memorandum contains the ___________ Office 

legal unit's conclusions regarding the merits of the charge, and the 

Trial Attorney's recommendations to the Commissioner regarding the 

Commission's determination on the charge.

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