In the Matter of a Mail Dispute
Between

REVEREND ORA CLEMONS

and

REVEREND PERCY A. MADISON

P.S. Docket No. MD 02-117

APPEARANCE FOR DISPUTANT REVEREND ORA CLEMONS:
Reverend Ora Clemons
14108 Franklin Drive
Plymouth, MI 38170-2333

APPEARANCE FOR DISPUTANT REVEREND PERCY A. MADISON:
Reverend Percy A. Madison
5932 2nd Street
Romulus, MI 48174-1885

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 Goodwill Baptist Church, P.O. Box 93, Whittaker, MI 48190-0093.  The Whittaker Postmaster is currently holding the mail.

            Reverend Ora Clemons submitted an unsworn, notarized statement, with several documents attached, in support of her claim to the disputed mail.  Reverend Madison filed nothing.  The following findings of fact are based on the material filed by Reverend Clemons and the material forwarded by the United States Postal Service Law Department, Chicago Office.  The latter included some material apparently presented to the postmaster by Reverend Madison, although there is no letter or statement from Reverend Madison.

FINDINGS OF FACT

            1.  In 1988, Reverend Elijah Hargrove applied for a post office box on behalf of Goodwill Baptist Church in Whittaker, MI and was assigned Box 93.  (Postmaster Linda Gurka's letter to Law Department, PS Form 1093 attached).

            2.  On February 21, 2001, not long after the death of Reverend Hargrove, Reverend Madison came to the Whittaker Post Office and stated that he was the new pastor and would be picking up the mail.  The postmaster had him fill out a new PS Form 1093, Application for Post Office Box or Caller Service.  (Postmaster Linda Gurka's letter to Law Department, PS Form 1093 attached).

            3.  On February 8, 2002, Reverend Clemons came to the Whittaker Post Office and stated that she was the new pastor.  The postmaster had her fill out a new PS Form 1093, Application for Post Office Box or Caller Service.  Shortly thereafter, both parties began claiming the mail and this mail dispute arose.  (Postmaster Linda Gurka's letter to Law Department, PS Form 1093 attached).

DECISION

            Postal Service regulations governing delivery of mail to an organization 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) . . . 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).[1]

            None of the documents in this case file provide conclusive proof as to who is entitled to the disputed mail.  However, Reverend Clemons has submitted a form titled, Michigan Annual Report Nonprofit Corporations, dated October 22, 1996, that lists her as president of Goodwill Baptist Church and which she signed as "Pastor/Pres."  She also submitted a form titled, Department of Consumer & Industry Services 2001 Nonprofit Corporation Information Update, dated February 5, 2002, that she signed as president of Goodwill Baptist Church.  In the absence of anything from Reverend Madison challenging the authenticity of these documents, they are sufficient to establish Reverend Clemons' right to the mail.

            Further, as Reverend Madison filed nothing to support his claim as required by 39 C.F.R. §965.5, he is in default.  That alone is sufficient ground for a ruling in favor of Reverend Clemons.  39 C.F.R. §965.7.

            This decision deals only with delivery of mail.  It does not attempt to resolve any other disputes 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.  If Reverend Clemons receives any mail that is intended for Reverend Madison personally, it is her responsibility to forward that mail.

            The Judicial Officer should issue an Order to the Whittaker Postmaster directing that mail addressed to Goodwill Baptist Church, at P.O. Box 93 in Whittaker, MI be delivered to Reverend Ora Clemons.

                                                                        Bruce R. Houston
                                                                        Chief Administrative Law Judge

     [1] Similar language appears at Domestic Mail Manual (DMM), Issue 56, Revised through February 7, 2002, Section D042.4.1).