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 Camilla McKinney (“Appellee”) violated the confidentiality requirements of the Congressional Accountability Act (“Act” or “CAA”). Hearing Officer Susan Winfield issued a Decision and Order granting Appellee’s motion to dismiss, finding that Appellant did not have standing to file a claim that Appellee 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. Appellee is an attorney representing a former employee of the Appellant. On April 8, 2010, Appellee’s client filed a Request for Counseling with the Office of Compliance (“OOC”) alleging violations of sections 201 and 207 of the Act. On May 4, 2010, after a reduced period of counseling, Appellee’s client invoked mediation. Mediation was completed on July 30, 2010, and a complaint was filed with the OOC on October 21, 2010, alleging a hostile work environment and retaliatory treatment. This case was assigned to Hearing Officer Warren King, who issued his Decision and Order on June 20, 2011. A petition for review was filed with the Board on July 20, 2011 and withdrawn on August 31, 2011.
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, Appellee violated confidentiality by making public statements to the media about her client’s allegations against Appellant and activities with the OOC in violation of Section 416 of the Act (2 U.S.C. 1416).
