Appeal of P.S. Docket No. MD-58 -- MICHELE D. BAER-ZEIGLER and ECCLESIASTES ROBINSON

In the Matter of a Mail                            )  July 16, 1989
Dispute Between:                                   )
                                                   )
MICHELE D. BAER-ZEIGLER                            )
                                                   )
        and                                        )
                                                   )
ECCLESIASTES ROBINSON                              )  P.S. Docket No. MD-58

 

 Thompson, Joan B., Administrative Judge

 APPEARANCE FOR MICHELE D. BAER-ZEIGLER:
 Michele D.  Baer-Zeigler, 411 Francis Avenue,
 Chesilhurst, NJ 08089-1053 

 APPEARANCE FOR ECCLESIASTES ROBINSON:
 Ecclesiastes Robinson, 204 Arthur Avenue,
 Chesilhurst, NJ 08089-1632

INITIAL DECISION

This is the second mail dispute to be referred to this office for resolution of the delivery of mail addressed to the Chesilhurst Inter-Community Ambulance Squad in Chesilhurst, NJ 08089. The findings are based upon a letter of the Postmaster, Waterford Works, NJ 08089-9998, submissions of the disputants in this dispute (MD-58), and also the record and decision in the first dispute, which was between Ecclesiastes Robinson and Ora Green (MD-46).

FINDINGS OF FACT

1. The voluntary, non-profit Association referred to as Chesilhurst Inter-Community Ambulance Corp., the Chesilhurst Inter-Community Ambulance Squad or Association, or as the Chesilhurst Ambulance Squad or Association (hereafter Association or Squad), is an organization to provide volunteer emergency ambulance service for the community. Each disputant claims to be president of the Association and entitled to receive its mail. In the prior mail dispute, Mr. Robinson was recognized as president in view of the record in that case and Ms. Green's default in failing to file any submissions or to respond to his submissions.

2. Disputant Ecclesiastes Robinson was recognized as president of the Association in February 1988 and thereafter until a dispute arose among members of the Association in the fall of 1988. A group of six persons purported to elect him president in a meeting in December 1988.

3. In the meantime, in a meeting in November 1988, a group of five different persons claiming membership in the Association purported to elect Michele Zeigler as president, Ora Green as treasurer, and Mas Morine as captain. On January 5, 1989, the Zeigler group sent a letter to Mr. Robinson, signed by Ms. Green as treasurer of the Association, suspending him from the Squad and asking for the return of Squad property.

4. Subsequently, the ambulance, which had been located at Mr. Robinson's house, was removed to Ms. Zeigler's driveway and apparently has not been used because of the disagreement among the persons claiming to act for the Association, to the detriment of the community.

5. Both disputants have asserted criminal and civil charges about the other concerning the ambulance and the Association. Ms. Zeigler also asserts that Mr. Robinson has been criminally charged by the Borough for theft. No evidence of an actual civil or criminal proceeding in a court of law, however, has been shown.

6. Ms. Zeigler reports that she, Ms. Green, and Ms. Morine, as officers of the Association, accepted responsibility for a loan from the Farmers Home Administration used to purchase the ambulance, but that Mr. Robinson refused to sign the agreement and to accept any responsibility for payment of the loan.

7. Mr. Robinson has not responded to Ms. Zeigler's submissions, nor to an Order dated June 22, 1989, directing him to respond to her submissions and to provide information, including the names of persons who are presently members of the Squad and those who are responsible for the ambulance and loan on the ambulance, and whether he still claims to be president of the Squad. Ms. Zeigler has not responded to that part of the Order which directed the parties to attempt to settle their differences and reach an agreement concerning delivery of the disputed mail and to advise this office of their efforts.

8. In a letter dated May 10, 1989, the Postmaster, Waterford Works, NJ 08089-9998, reported that mail addressed to the Squad at Ms. Zeigler's home address is being delivered as addressed, but all other mail for the Squad, regardless of address, is being delivered to Mr. Robinson.

9. In her first submission Ms. Zeigler requested a hearing. During this proceeding some certified mail sent to her address was returned to this office marked "unclaimed." The mail was then sent by regular mail which has not been returned. Attempts by this office to set up a telephone conference with the presiding Administrative Judge none disputants were unsuccessful. Ms. Zeigler has an unlisted number; she did not make herself available for a call; and there were also difficulties arranging contact with Mr. Robinson.

CONCLUSIONS OF LAW

1. Ms. Zeigler's request for an oral hearing in this proceeding is denied in view of this office's inability to obtain a telephone conference with the disputants to make any arrangements for a hearing and to discuss this case.

2. Nevertheless, as Mr. Robinson has failed to respond to the Order requesting information and has not denied Ms. Zeigler's assertions that she and others have assumed responsibility for repayment of loans on the ambulance by signing their names as officers of the Association to an agreement with the Farmers Home Administration and that Mr. Robinson would not sign the agreement as president of the Association and accept responsibility, those assertions are accepted as true.

3. Obtaining the ambulance and providing ambulance service is the essential purpose of the Association. As Mr. Robinson was aware that Ms. Zeigler and her group of officers accepted responsibility for the ambulance and the loan as officers of the Association and he would not, for the purpose of mail delivery and in the absence of an agreement of the disputants or a court order, Ms. Zeigler shall now be considered as the president of the Chesilhurst Inter-Community Ambulance Corp. or Squad or Association. Therefore, mail addressed to those names shall be delivered to Ms. Zeigler's address at 411 Francis Avenue, Chesilhurst, NJ 08089-1053, or as otherwise directed by her.

4. The disputants are reminded that mail dispute proceedings brought under 39 C.F.R. Part 965 are only for the purpose of enabling the Postal Service to carry out its responsibilities to deliver mail. Such a proceeding does not determine the ownership of the mail or other legal rights between parties. For resolution of such matters they should seek their remedies in a different forum.