DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by Eric J.J. Massa (“Appellant”), from an order arising from his allegations that Debra S. Katz and Alexis H. Rickher (“Appellees”) violated the confidentiality requirements of the Congressional Accountability Act (“Act” or “CAA”). Hearing Officer Susan Winfield issued a Decision and Order granting Appellees’ motion to dismiss, finding that Appellant did not have standing to file a claim that Appellees violated the Act’s confidentiality requirements. Appellant seeks review of the decision and order. For the reasons set forth below, we vacate the Decision and Order of Hearing Officer Winfield and dismiss the appeal.
I. Background
Appellant is a former United States Representative. Appellees are attorneys representing a former employee of the Appellant. On March 25, 2010, Appellees’ client filed a Request for Counseling with the Office of Compliance (“OOC”) alleging violations of sections 201 and 207 of the Act. On April 14, 2010, after a reduced counseling period, Appellees’ client invoked mediation. Mediation was completed on June 11, 2010. No complaint was filed with the OOC or in district court.
On April 19, 2010, Appellant filed a claim under §1.07(e) of the Procedural Rules, alleging that from around April 13-April 16, 2010, Appellees violated confidentiality by making public statements to the media about their client’s allegations against Appellant and activities with the OOC in violation of Section 416 of the Act (2 U.S.C. 1416).
On May 11, 2010, Appellees filed a Motion to Dismiss the Complaint on the grounds that neither the CAA nor the Procedural Rules allowed Appellant to bring an action to enforce the confidentiality provisions because he was not a party to nor a participant in the proceedings.
