In the Matter of a Mail Dispute
Between

CAROLYN GOETHIE

and

REV. DR. THOMAS R. BAILEY

P.S. Docket No. MD 01-359

APPEARANCE FOR DISPUTANT
CAROLYN GOETHIE:
Carolyn Goethie
216 Bobbie Vann Road
Baxley, GA 31513-7413

APPEARANCE FOR DISPUTANT
REV. DR. THOMAS R. BAILEY:
Huey W. Spearman, Esq
601 Tebeau Street, Suite 220
P.O. Box 2132
Waycross, GA 31502-2132

INITIAL DECISION

            This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998 (with Revisions through December 27, 2001)) 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 The Youth Council of Appling County, Inc., at P.O. Box 1221, Baxley, GA  31515-1221.  The Baxley Postmaster is currently holding the mail.

            Rev. Bailey submitted a sworn statement, with several documents attached, in support of his claim to the disputed mail, as required by 39 C.F.R. §965.5.  Ms. Goethie did not submit a sworn statement, as required by 39 C.F.R. §965.5, or any other material, but submitted comments in rebuttal to Rev. Bailey's statement.  Because Ms. Goethie filed no initial submission, Rev. Bailey was given an opportunity to comment on her rebuttal, and he did so.  The following findings of fact are based on all the materials submitted by the parties, including the materials forwarded by the United States Postal Service Law Department, Atlanta Office.

FINDINGS OF FACT

            1.  On October 16, 1999, Rev. Thomas Bailey, Carolyn Goethie, Timothy Goethie, and Brenda Hall met at the home of Rev. Bailey to hold an organization meeting for the purpose of creating a corporation called the "Appling County Youth Council."[1]  They elected Rev. Bailey president, Timothy Goethie vice president, and Ms. Hall secretary/treasurer.  The minutes of this meeting are signed by Rev. Bailey as president and Brenda Hall as secretary.  (Bailey affidavit, Ex. C).

            2.  On October 20, 1999, Ms. Goethie applied for a post office box on behalf of The Appling County Youth Council by completing a PS Form 1093, Application for Post Office Box or Caller Service, and was assigned Box 1221.  (Attachment to Law Dept. submission).

            3.  On January 19, 2000, the same four people held another meeting and, among other business, re-elected the same officers for the purpose of filing incorporation documents.  The minutes of this meeting are signed by Rev. Bailey as president and Brenda Hall as secretary.  The four incorporators also signed the Articles of Incorporation, which listed the four as Directors, on January 19, 2000.  (Bailey affidavit, Ex. H; Art. of Inc. attached to Law Dept. submission).

            4.  On January 20, 2000, attorney Huey W. Spearman filed the Articles of Incorporation with the Georgia Secretary of State.  (Bailey affidavit, Ex. D).

            5.  On March 3, 2000, the four Directors held another meeting, at which Ms. Goethie resigned as a Director in order to accept appointment as Executive Director of the organization's Summer Food Service Program.  The minutes of this meeting are signed by Rev. Bailey as president and Brenda Hall as secretary.  (Bailey affidavit, Ex. I).

            6.  Sometime thereafter, a dispute arose over Ms. Goethie's management of funds as Executive Director of the Summer Food Service Program.  On July 13, 2001, attorney Spearman wrote to the Baxley Postmaster on behalf of Rev. Bailey and Ms. Hall, asking that the lock on Post Office Box 1221 be changed and that mail addressed to the box be released only to Rev. Bailey or Ms. Hall.  (Bailey affidavit; attachment to Law Dept. submission).

            7.  The postmaster changed the lock as requested and, in October 2001, Ms. Goethie protested, thereby generating this mail dispute.  (November 20, 2001 letter from Postmaster Terry Quick to Law Department).

            8.  Postal Service regulations governing delivery of mail to a corporation when the mail is claimed by more than one person provide as follows:

“All mail addressed to a governmental or nongovernmental organization (including but not limited to corporations, firms, sole proprietorships, partnerships, joint ventures, and associations), or to an individual by name or title (an official, employee, contractor, client, agent, etc.) at the address of the organization is delivered to the organization. . . .  If disagreement arises about where any such mail should be delivered, it must be delivered according to the order of the organization’s president or equivalent official.”  (POM 8, July 16, 1998, Revised through December 27, 2001, Section 614.1; Similar language appears at Domestic Mail Manual (DMM), Issue 56, Revised through February 7, 2002, Section D042.4.1).

DECISION

            Resolution of this case is governed by the rule quoted above (Finding #8).  From the evidence submitted it is clear that Rev. Bailey is the president of The Youth Council of Appling County, Inc.  Although Ms. Goethie has disputed several statements made in the minutes of the various meetings, and some of the statements in Rev. Bailey's affidavit, she has not presented any evidence that she, or anyone other than Rev. Bailey, is president of the organization.  Therefore, Rev. Bailey is entitled to direct the delivery of the mail.

            The fact that Ms. Goethie was the person who signed the PS Form 1093, Application for Post Office Box or Caller Service, is not controlling.  She did so as an agent for the corporation.

            This decision deals only with delivery of the mail.  It does not attempt to resolve any other dispute between the parties.  If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order.  POM §616.3.

            The Judicial Officer should issue an Order to the Baxley Postmaster directing that the disputed mail be delivered as directed by Rev. Thomas Bailey.

                                                                                    Bruce R. Houston
                                                                                    Chief Administrative Law Judge

[1]  Before incorporation, the name was changed to "The Youth Council of Appling County, Inc."