product of the staff; and ensuring consistent application of the law in the enforcement area. Defendant's Exhibit B. By each party's account, the relationship between Mr. Edwards and Mr. Gross was less than conciliatory.
On November 27, 1984, Thomas Whitehead, plaintiff's immediate supervisor, issued a warning letter stating that plaintiff's work performance was unacceptable. On January 16, 1985, a notice of proposed removal was sent. Final approval for termination based on unacceptable performance and insubordination occurred on February 26, 1985. Effective March 1, 1985, plaintiff was removed from his position. Defendant's Exhibit A, Sections 2, 3, 4.
The sequence of events, central to this lawsuit, began on January 17, 1985, when plaintiff entered Mr. Whitehead's office and removed the team "logbook". The logbook is maintained by team members to monitor the actions taken on assigned cases. Edwards' Declaration, Section 15; Defendant's Exhibit A, Section 5. Although it appears certain that the plaintiff had the authority to review the contents of the logbook, plaintiff's sole purpose for transporting the logbook to the xerox room for copying was to gather evidence to controvert the insubordination charges against him. Edwards' Declaration, Sections 15, 17.
While making copies of the logbook, Mr. Gross confronted Mr. Edwards and asked him what he was doing. Plaintiff replied that he was "photocopying the logbook pages pertaining to (his) cases." Edwards' Declaration Section 16. Both parties agree that defendant demanded the logbook and plaintiff clearly refused. Subsequent to his refusal, the plaintiff alleges that the defendant, "grabbed a log sheet from (his) hand . . . slammed his hand down on the open book . . . reached around the side of the machine to collect (his) copies from the paper tray . . . grabbed (him) . . . and tried to physically wrench the papers from (his) right hand . . ." Plaintiff then made a demand to be released and defendant complied. Edwards' Declaration, Section 16. Further verbal demands and threats allegedly ensued as plaintiff retreated from the xerox room with defendant in close pursuit. However, no further physical confrontation resulted. Edwards' Declaration, Section 16. After written demand and the passage of more than a week, the plaintiff returned the remaining copies in his possession. The information in the logbook, hence in the copies made thereof, is protected from public access by 2 U.S.C. §§ 437g(a)(12)(A), (B) and 437g(a)(4)(B). Portions of the applicable statute read as follows:
(A) Any notification or investigation made under this section shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or the person with respect to whom such investigation is made.