In the Matter of a Mail Dispute Between: WILLIAM B. WHEELER, III and PATRICIA CONDON P.S. Docket No. MD-45 05/18/89 Cohen, James A., Judicial Officer APPEARANCE FOR WILLIAM B. WHEELER, III: William B. Wheeler, III, P. O. Box 674884, Marietta, GA 30067-0006 APPEARANCE FOR PATRICIA CONDON: Walden G. Housman, Jr., Esq., Learning Foundation Building, 824 S. Milledge Avenue, Athens, GA 30605-1332
Disputant Condon has filed a request for clarification of the final agency decision 1/ in which it was determined that mail addressed to The Church of Y Tylwyth Teg, Y Tylwyth Teg, and The Association of Cymmry Wicca at P.O. Box 1866, Athens, Georgia 30603, should be delivered to William B. Wheeler or in accordance with his direction. Disputant Wheeler has filed a request to amend the final agency decision to include mail addressed to other names at the same post office box.
This proceeding was referred to the Judicial Officer Department by Regional Counsel pursuant to DMM § 153.72 for the resolution of a dispute over mail addressed to P.O. Box 1866, Athens, Georgia 30603. The presiding Administrative Law Judge issued an Initial Decision in which he determined that William B. Wheeler was entitled to obtain delivery of mail addressed to The Church of Y Tylwyth Teg, Y Tylwyth Teg, and The Association of Cymmry Wicca at this post office box. Disputant Condon filed a timely appeal. Because Disputant Condon failed to establish that the Initial Decision was clearly erroneous or that any other grounds existed for the Judicial Officer to exercise his discretion to grant review of the Initial Decision, the Initial Decision became the final agency decision by Order dated March 10, 1989.
By letter dated March 31, 1989, Disputant Condon requests clarification of the decision insofar as it affects the use of P.O. Box 1866. By letter dated April 4, 1989, Disputant Wheeler requests that the decision and order be amended to require that mail addressed to several additional names at P.O. Box 1866, Athens, Georgia 30603, also be delivered to him or in accordance with his direction. The parties were granted leave to file replies by Order dated April 28, 1989. Disputant Wheeler filed a timely reply and supplement thereto.
I.
Disputant Wheeler requests that the decision and order be amended to include mail addressed to additional names at P.O. Box 1866 due to their association with the Church of Y Tylwyth Teg (Church). The names which Mr. Wheeler seeks to have included in the order are: Association of Cymmry Wicca of the Church of Y Tylwyth Teg, Sword of Dyrnwyn, Bangor Institute, Camelot Press, Ltd., Camelot or Camelot-of-the-Wood, Keepers of the Ancient Path, or initials of any of these entities, Rhuddlwm Gawr a/k/a William B. (Bill) Wheeler, Lady Elionoway a/k/a Mary Santangelo, Lady Branen a/k/a Titania ap Gawr and Lord Luwh a/k/a Craig ap Gawr. In his submittals to both the Athens Postmaster and the presiding Administrative Law Judge, Disputant Wheeler alternatively requested delivery of mail addressed to some of these names or more broadly to the Church, its auxiliaries and himself. Although her submittals are not specific, Disputant Condon appears to have claimed the right to delivery of all mail addressed to P.O. Box 1866.
Based on the disputants' express or implied inclusion of the additional names addressed to P.O. Box 1866 in the initial dispute it is reasonable to conclude that they were originally in issue and should have been included in any order resolving the mail dispute between the parties. The Administrative Law Judge found that, as president of the Church and chief officer of The Association of Cymmry Wicca, Disputant Wheeler has the right to obtain delivery of mail addressed to the Church at P.O. Box 1866, Athens, Georgia 30603 (I.D. at 3; see also DMM § 153.51). His Findings and Conclusions are equally applicable to the additional names. Accordingly, the attached order to the postmaster has been amended to reflect the additional names.
II.
Disputant Condon interprets the decision to require that mail addressed to The Church of Y Tylwyth Teg, Y Tylwyth Teg, and The Association of Cymmry Wicca be delivered to William B. Wheeler, but that she could continue to use P.O. Box 1866 for the receipt of other mail. Disputant Condon states that the Athens Postmaster interprets the decision to mean that P.O. Box 1866 must be closed and all mail addressed thereto be delivered to Disputant Wheeler.
In reply, Disputant Wheeler argues that the box should be permanently closed as it was originally opened in the name of the Church. He further argues that the decision should be read to mean that all mail addressed to P.O. Box 1866, including that addressed to Lady Branwen, an alias of Disputant Condon (I.D. at 2), be delivered to himself. Finally, Disputant Wheeler alleges that Postal Service employees are circumventing the order by delivering Church mail to Disputant Condon.
The mail in dispute is mail to the specific addressees stated in the order, as amended, addressed to P.O. Box 1866. It is stated in the decision that this mail is to be delivered to or in accordance with the direction of Disputant Wheeler. However, the decision gives no direction to close P.O. Box 1866 as the right to the use of the box is not an issue in this mail dispute proceeding. Accordingly, the decision is not to be interpreted as requiring the closing of P.O. Box 1866.
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