Return to Home Page
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.
This page was last modified on May 18, 2005.