In the Matter of a Mail Dispute Between

FREDRICK A. WARNECKE

            and

THOMAS A. HARENBURG

P.S. Docket No. MD 00-219

APPEARANCE FOR DISPUTANT            Fredrick A. Warnecke
FREDRICK A. WARNECKE:                     P.O. Box 143
                                                               Berlin, WI 54923-0143

APPEARANCE FOR DISPUTANT            Thomas A. Harenburg
THOMAS A. HARENBURG:                    P.O. Box 1069
                                                               Oshkosh, WI 54902-1069

This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998) 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 any and all mail addressed to P.O. Box 109, Berlin, Wisconsin 54923-0109. The Berlin Postmaster is currently holding the mail.

Mr. Warnecke filed a sworn statement and other documents in support of his position, as required by 39 C.F.R. §965.5. Mr. Harenburg filed a letter, with attached documents. Mr. Warnecke also filed comments in rebuttal, in accordance with 39 C.F.R. §965.6. The following findings of fact are based on all the material submitted by the parties, including the material forwarded by the United States Postal Service Law Department, St. Louis Office.

1. Carl M. Hennig, Inc., is an investment securities firm, located in Oshkosh, Wisconsin. Post Office Box 109 was first rented in November 1952 by Mr. Schwantes, in the name of the corporation. Mr. Schwantes was the corporation's representative in Berlin, Wisconsin. (Warnecke affidavit; PS Form 1092, 11/25/52).

2. In 1969, Mr. Gillett bought Mr. Schwantes' business, and Mr. Warnecke became his manager. As such, Mr. Warnecke had a key to P.O. Box 109 and regularly took delivery of the mail. In 1979, Mr. Warnecke bought the Berlin business from Mr. Gillett's estate. For some period of time, Mr. Warnecke paid the box rental, but Carl M. Hennig, Inc., began paying the rent in 1995. (Warnecke affidavit; Harenburg letter).

3. Over the course of years, Mr. Warnecke came to have personal mail, as well as business mail, addressed to P.O. Box 109. On February 4, 2000, Mr. Warnecke wrote to Mr. Harenburg, stating that he would "no longer represent Carl M. Hennig, Inc., as a registered representative." Mr. Harenburg is president of Carl M. Hennig, Inc. (Warnecke affidavit; Harenburg letter and attachments).

4. On February 7, 2000, Mr. Harenburg directed the Berlin Post Office to "plug the box," and deliver mail addressed to Box 109 only to an authorized representative of Carl M. Hennig, Inc. (Letter, February 7, 2000).

5. Mr. Warnecke made no claim to mail addressed to the corporation, but asked that mail addressed to him be delivered to him. This includes business mail not related to Carl M. Hennig, Inc. Mr. Harenburg was unwilling to agree to this, or to having a neutral third party screen and distribute the mail.

There is little dispute over the facts in this case. Mr. Warnecke does not claim any mail addressed to Carl M. Hennig, Inc., but objects to Mr. Harenburg opening any mail that is addressed to him. He also argues that, as a stockholder of Carl M. Hennig, Inc., he is as capable as anyone else of determining what mail is intended for the corporation. Mr. Harenburg's position is that some mail addressed to Mr. Warnecke at P.O. Box 109 is intended for the corporation because Mr. Warnecke was, for many years, the corporation's representative in Berlin. He also argues that P.O. Box 109 is rented in the name of the corporation and the corporation has the right to receive all the mail sent there. He agrees to forward any mail intended for Mr. Warnecke personally. He also argues that Mr. Warnecke had enough time before February 4, 2000, to inform his correspondents of his new address.

Resolution of this dispute is governed by Section D042.4.1 of the Domestic Mail Manual ((DMM Issue 55 Plus Postal Bulletin Changes Through PB 22028 (7-13-00)), which reads as follows:

All mail addressed to a governmental or nongovernmental organization or to an individual by name or title at the address of the organization is delivered to the organization, as is similarly addressed mail for former officials, employees, contractors, agents, etc. If disagreement arises where any such mail should be delivered, it must be delivered under the order of the organization's president or equivalent official.

Post Office Box 109 is the Berlin, Wisconsin address of Carl M. Hennig, Inc., and Mr. Harenburg is the president of that organization. Accordingly, the disputed mail should be delivered as directed by Mr. Harenburg.

This decision deals only with delivery of the mail. If Mr. Harenburg receives any mail that is not intended for Carl M. Hennig, Inc., it is his responsibility to forward that mail.

The attached delivery order should be issued.

Bruce R. Houston
Chief Administrative Law Judge

TO THE POSTMASTER AT:      BERLIN, WI 54923-9998

                                     RE:      Mail Dispute Between

                                                FREDRICK A. WARNECKE
                                                                 and
                                                THOMAS A. HARENBURG

                                                 P.S. Docket No. MD 00-219

All mail currently being held, or hereafter received, addressed to:

ANY AND ALL MAIL ADDRESSED TO
P.O. Box 109
Berlin, WI 54923-0109

shall be delivered as directed by Thomas A. Harenburg.

Judicial Officer

PROPOSED ORDER - NOT ENFORCEABLE UNTIL DATED AND
SIGNED BY THE JUDICIAL OFFICER