In the Matter of a Mail Dispute                                )
Between                                                                )
                                                                               )
MENDEL HOFFMAN                                                )
                                                                               )
                 and                                                        )
                                                                               )
BERNARD ENGLARD                                             )
DR. JACK HILLER                                                   )
GEORGE (CHAIM) AMSEL                                      )            P.S. Docket No. MD 98-397

APPEARANCE FOR MR. HOFFMAN:                       Mendel Hoffman
                                                                                6 Sunrise Drive
                                                                                Monsey, NY 10952-3305

APPEARANCE FOR MESSRS. ENGLARD,
HILLER AND AMSEL                                                Bernard Englard
                                                                                11 Bartlett Road
                                                                                Monsey, NY 10952-1706
                                                                                Jack Hiller
                                                                                17 Carlton Road
                                                                                Monsey, NY 10952-2519
                                                                                George (Chaim) Amsel
                                                                                3 Sylvan Road
                                                                                Monsey, NY 10952-2923

INITIAL DECISION

This mail dispute has been docketed pursuant to Postal Operations Manual (POM 7, August 1, 1996) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to HATZOLOH OF ROCKLAND COUNTY, INC., P. O. Box 818, Monsey, NY 10952-0818. The parties agreed that the mail in dispute would be delivered as addressed pending resolution of the dispute. Some mail is addressed to P. O. Box 818, and some is addressed to P. O. Box 184.

Both parties submitted sworn statements in support of their claims, as required by 39 C.F.R. §965.5. The following findings of fact are based on all the materials submitted by the parties, including material forwarded by the United States Postal Service Law Department, Windsor Office.

1. Chevra Hatzoloh of Rockland County, Inc., was incorporated as a not-for-profit corporation in New York in 1980. Its purpose is to provide emergency first aid and ambulance services to people in Rockland County, New York. (Hoffman submission).

2. Mendel Hoffman, Samuel Weissmandl, and Eleaser Posen were listed on the Certificate of Incorporation as Directors. (Hoffman submission).

3. Although a July 4, 1998 letter to the postmaster from disputants Englard, Hiller and Amsel, says that the corporation has elected a new Board of Directors, there is nothing in the record to show when, or if, any of the original directors were replaced, or when any additional directors were elected.

4. The letterhead stationery used by disputants Englard, Hiller and Amsel lists Mr. Hoffman as "President & Founder," Mr. Englard and Mr. Hiller as "Co-Chairmen," Mr. Amsel as "Secretary, Treasurer," and nine other individuals as members of the Board of Directors. The letterhead stationery used by
Mr. Hoffman simply identifies himself as "President & Founder." All the letterheads, except those used most recently by Mr. Hoffman, include P. O. Box 184, Monsey, NY, as part of the mailing address.

5. A document titled, "Certificate of Amendment of Chevra Hatzoloh of Rockland County, Inc." is dated May 24, 1998, is signed by Mendel Hoffman and Chaim Amsel, and states that Mr. Hoffman is President and Mr. Amsel is Secretary-Treasurer. It also lists ten other individuals, including Messrs. Englard, Hiller and Weissmandl as members of the Board of Directors.

6. At some time, date unknown, Mr. Hoffman opened P. O. Box 818, Monsey, NY, on behalf of "Hatzoloh of Rock."

7. On May 11, 1998, Mr. Tambor, acting on behalf of Messrs. Englard, Hiller and Amsel, submitted a PS Form 3575, Change-of-Address Order, directing that mail addressed to Hatzoloh of Rockland at P. O. Box 818 be forwarded to P. O. Box 184.

8. On June 14, 1998, Messrs. Englard, Hiller and Amsel signed a document titled, "Resolutions," stating that P. O. Box 184 shall be the only address for delivery of mail to Chevra Hatzoloh of Rockland County.

Mr. Hoffman’s contention is that he is the president of the corporation and, as such, has authority to establish a mailing address. Messrs. Englard, Hiller and Amsel argue that "all members of the Board of Directors" agree that all Hatzoloh mail should be delivered to P. O. Box 184.

The rule that governs the outcome of disputes such as this is found in Section 614.1 of the Postal Operations Manual, which states that in the event of a dispute over mail addressed to a corporation, the mail "must be delivered according to the order of the organization’s president or equivalent official." There seems to be no dispute that Mr. Hoffman still holds the title of president. A Board of Directors may have authority to remove, or overrule, a president, but the difficulty with the argument of Messrs. Englard, Hiller and Amsel is that the record does not establish who makes up the Board. The documents they rely on are signed only by the three of them, but even some of those documents list many other members of the Board. Nothing shows who was elected to the Board, or when. Likewise, nothing shows when the Board took any particular action or who was present at any meeting of the Board. Based on the record before me, I can only conclude that Mr. Hoffman is the president of the corporation, and that he retains authority to direct delivery of the mail.

This decision deals only with delivery of the mail. It does not attempt to resolve any other underlying disputes between the parties.

The attached delivery order should be issued.

Bruce R. Houston
Chief Administrative Law Judge