In the Matter of a Mail Dispute Between:

PASTOR TONY MCCREARY
and
FRANK VEGA

P. S. Docket No. MD-151

APPEARANCE FOR PASTOR MCCREARY:
Rev. Tony McCreary, pro se
Museum Towers #1509
1801 Buttonwood Avenue
Philadelphia, PA 19130-3945

APPEARANCE FOR FRANK VEGA:
Frank Vega, pro se
4300 N. Fairhill Street
Philadelphia, PA 19140-2306

INITIAL DECISION

            This mail dispute proceeding was docketed under Domestic Mail Manual §153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision.  Both disputants filed written submittals under 39 C.F.R. §965.5.  The dispute concerns delivery of mail addressed to New Life Church of Bucks County, Inc., at P.O. Box 46097; 321 W. Sedgley Avenue; 277 W. Sedgley Avenue; and 3617 N. Third Street, Philadelphia, PA  19140.  The following findings of fact and conclusions of law are based upon the submittals and exhibits transmitted therewith:

FINDINGS OF FACT

            1.         Disputant Anthony McCreary is the Founder, Pastor, President, and Chairman of the Board of Directors of the New Life Church of Bucks County, Inc. ("Corporation").  The church has received the Point of Light award from President Bush for its achievements with inner city children in Philadelphia, PA.

            2.         The Pastor is also the President of the Corporation.

            3.         The By-laws of the corporation provide that Disputant Tony McCreary is Chairman of the Board of Directors and that he appoints the other directors and officers (Art. IV §2).  Directors may be removed by the Chairman without cause (Art. II §10).

            4.         Article III §4 of the Bylaws specifically provides that the President/Chairman "may not be removed except by voluntary resignation or for gross error defined as severe deviation from the teachings of the Bible (Old and New Testaments read together as a whole) which would tend to spiritually endanger and lead the members of the fellowship away from the Lord, the God of the Bible."

            5.         On May 20, 1992, Directors Frank Vega, Ronald Dawkins, and Willie Jean Hardaway officially removed Disputant McCreary as the Pastor/President of the corporation due to "unethical, illegal and immoral behavior and activity."

            6.         On May 21, 1992, Disputant McCreary purported to remove the above members of the Board of Directors who had removed him as Pastor/President.

CONCLUSIONS OF LAW

            1.         The Domestic Mail Manual (DMM) requires that mail addressed to a corporation be delivered as addressed or to its authorized agents.  Where a disagreement arises among corporate officers and others connected with the company, as here, the mail is delivered in accordance with the orders of the president of the corporation.  DMM §153.51.  See also Ira Hubbard, P.S. Docket No. MD-137 at 4 (I.D. Jan. 10, 1992); J. Stanton Keck, P.S. Docket No. MD-95 at 2-3 (I.D. Aug. 31, 1990). 

            2.         The issue here is whether Disputant Tony McCreary was legally removed by the other members of the Board of Directors from his position as President/Chairman/Pastor of the corporation.  The Bylaws specifically provide for his removal when he is guilty of certain "gross error."

            3.         Disputant Vega has proven that Disputant McCreary was duly removed from office in accordance with a vote of the Board of Directors.  After consideration of the charges against McCreary of addiction to crack cocaine and personal use of church funds, they concluded that he should be removed from office.  In the instant proceeding, Disputant McCreary has failed to refute the charges against him and has failed to demonstrate that his removal was improper under Article III §4 of the Bylaws.

            4.         Accordingly, since Disputant McCreary has been removed as President of the corporation, the mail in dispute should be delivered in accordance with the direction of Disputant Vega, the Vice President of the corporation.

            5.         However, if a court holds that Disputant McCreary was not properly removed, or that the mail should be delivered to him, then delivery of the mail shall be made in accordance with the order of the court.

            6.         The attached mail delivery order should be issued.

Randolph D. Mason
Administrative Law Judge