B. Model Declaration of Chair and Exhibit
IN THE UNITED STATES DISTRICT COURT
FOR THE ______DISTRICT OF _______
EQUAL EMPLOYMENT OPPORTUNITY )
) CASE NO.
V. ) DECLARATION OF
) EEOC CHAIR
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
Executed on __________, 200___ .
Cari M. Dominguez, Chair
Equal Employment Opportunity
1801 L. Street, N.W.
Washington, D. C . 20507
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.