DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by Philip Taylor (“Appellant”), from a decision arising from allegations that he violated the confidentiality requirements of the Congressional Accountability Act (“Act”). Hearing Officer Susan Winfield issued a Decision finding that Appellant knowingly violated the Act’s confidentiality requirements, and subsequently issued an Order awarding the Office of the United States Senate Budget Committee (“Appellee”) expenses incurred by it in redressing the improper disclosures and enjoining Appellant from making further disclosures. Appellant seeks review of the Decision and Order of Hearing Officer Winfield. For the reasons set forth below, we dismiss the appeal.
I. Background
Appellant, a covered employee within the meaning of Section 101 (2 U.S.C. 1301) of the Act entered, on a pro se basis, confidential counseling and mediation under the CAA on a claim of race discrimination. At the outset of mediation, Appellant signed the Office’s Mediation and Confidentiality Agreement, agreeing not to disclose “any communications, statements, or documents prepared for the mediation.” Appellant does not dispute that, while in the mediation process, he disclosed to non-parties comments made during mediation by participants for Appellee.
Upon learning of the disclosures, on February 12, 2010 and in subsequent filings, Appellee alleged that Appellant’s disclosures violated the confidentiality required by Section 416 of the Act (2 U.S.C. 1416), and the Office’s Mediation Agreement. In these filings, Appellee requested that Appellant’s race discrimination claim be dismissed with prejudice, that monetary sanctions – 2 – be imposed against him, and that the Executive Director take steps to “stop Mr. Taylor from making any further disclosures relating to counseling and mediation in this matter.” This breach of confidentiality issue was assigned to Hearing Officer Winfield, who conducted proceedings under Proc. Rule §1.07(e).
