Disclosure of EEOC Position Statement and Documentation (GA-30)
City of
D~lray
Beach
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ADMINISTRATIVE
POLICIES AND PROCEDURES
MANUAL
SUBJECT: GENERAL ADMINISTRATIO
Disclosure of EEOC Position
Statement and Documentation
NUMBER
GA-30
SUPERSEDES
REVISIONS
o
APPROV
EFFECTIVE DATE:
PAGE
1 OF 1
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GA-30.0 Purpose:
To establish a policy that protects the disclosure of statements and docu-
mentation being prepared as response to EEOC inquiries from third parties prior
to public disclosure of any findings using Florida Statute Section 119.07 (3) (v)
of the Public Records Laws.
GA-30.1 Policy:
Under the Florida Statute, at Section 119.07 (3) (v), which creates an ex-
ception from Florida's Records Law for complaints, and other records in the
custody of a unit of local government which relate to a complaint of discrimi-
nation, the City will upon receiving request from any person or agency declare
any such records exempt from disclosure under the Public Records Laws until the
EEOC makes a finding relating to probable cause, inactivates the investigation
of the complaint, or the response is made a part of any official record of any
hearing or court proceeding beyond the EEOC level.
The City acknowledges that such a matter could result in subsequent litigation
against the City by the charging party and/or the EEOC, and thus documentation
prepared for the EEOC should be construed to be matters prepared in anticipa-
tion of litigation and thus, although submitted to the EEOC, work product pri-
vileged from disclosure to the charging party or other third parties.