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