In the Matter of a Mail Dispute Between:

PETER E. RILEY
and
PETER MASIKO

P.S. Docket No. MD-40

Lemert, James E., Administrative Judge

INITIAL DECISION

This mail dispute was docketed under Domestic Mail Manual (DMM) § 153.72, which requires Regional Counsel to forward unresolved mail disputes to this Department for decision. The dispute involves delivery rights to mail sent to P.O. Box 931, Long Key, Florida 33001. Disputant Peter E. Riley is the Mayor of Layton, Florida. Disputant Peter Masiko is the former Chief of Police of Layton. Both parties have filed submittals as provided in 39 C.F.R. § 965.5. The following findings of fact are based on those submittals and the information forwarded by Regional Counsel.

FINDINGS OF FACT

1. P.O. Box 931, Long Key, Florida, 33001, was rented pursuant to an application dated August 29, 1978, filed by Del Layton in the name of the Layton Police Department. (It appears from the record that the City of Layton is located in Long Key, one of several Florida Keys along the chain from Key Largo to Key West.) 2. Delbert Layton, who prepared the original box application on behalf of the Layton Police Department, was then Mayor of Layton, FL.

3. The official boxholder, or customer, on the records of the Postal Service for the box is "Layton Police Department," and has remained so until the present time.

4. Disputant Peter Masiko was the Chief of Police and only police officer of Layton, FL from April 9, 1979, to May 9, 1984. The only key to P.O. Box 931 was obtained by Disputant Masiko in 1978 by virtue of his position in the Layton Police Department.

5. Disputant Masiko paid the rental and fees for the box out of his personal funds during his term as Police Chief from 1979 until 1984. He continued to pay the box rental and fees after his retirement as Police Chief. The most recent yearly rental was paid by Disputant Masiko on August 13, 1988. The next rental payment is due September 1, 1989. Disputant Masiko has received personal mail in P.O. Box 931.

6. By letter dated September 7, 1988, Disputant Riley in his capacity as Mayor of the City of Layton, FL requested the Postmaster to close P.O. Box 931. As Mayor Riley stated in his letter requesting the box closing, the box had been rented for the Layton Police Department, and "as of May 9, 1984, the City has had no Police Chief or Police Dept."

7. After this dispute arose Disputant Masiko rented P.O. Box 852, Long Key, FL 33001, to which personal mail addressed to him at P.O. Box 931 can be forwarded.

CONCLUSIONS OF LAW

1. The purpose of resolving mail disputes is to determine which party under applicable postal laws and regulations has the right to delivery of the mail as addressed. Such determinations are not dispositive on the question of ownership of the mail or entitlement to it.

2. Under postal regulations mail directed to a government official at the address of the governmental organization will be delivered to the organization when such mail is claimed both by the official and by the organization (DMM § 153.41). The same rule applies where the dispute is between the governmental organization and a former official.

3. In this case P.O. Box 931, Long Key, FL 33001 was rented by the Layton Police Department, then an existing governmental unit of the City of Layton. Disputant Masiko obtained access to it only by virtue of his former position in the Police Department. Although the box was not reclaimed by the City at the time of Disputant Masiko's retirement from the Police Department, Masiko's continued use of the box did not convert it to his personal box.

4. Disputant Riley, the Mayor and chief executive officer of the City of Layton, is responsible for police functions, and is the authorized officer of the boxholder. Therefore, Mayor Riley properly ordered the closing of P.O. Box 931, and is entitled to delivery of mail addressed to that box. It is the responsibility of Disputant Riley to institute appropriate measures to forward or otherwise transfer to Disputant Masiko any personal mail of Masiko from P.O. Box 931 (see DMM § 951.753).