In the Matter of a Mail Dispute Between: PAUL C. THOMPSON and JOHN GRAHAM P.S. Docket No. MD-68 11/08/89 Cohen, James A., Judicial Officer APPEARANCES FOR PAUL C. THOMPSON: William A. Ingersoll, Paul C. Thompson, P.O. Box 243, Shalimar, FL 32579-0243APPEARANCE FOR JOHN GRAHAM: John Graham, 139 Fulmar Circle NE, Ft. Walton Beach, FL 32548-6431
Disputant Graham has filed an appeal from the Initial Decision of an Administrative Law Judge which holds that mail addressed to P.O. Box 337, Destin, FL is to be delivered in accordance with the direction of William A. Ingersoll.
This proceeding was referred to the Judicial Officer Department by Regional Counsel pursuant to DMM § 153.72. Disputants Thompson and Graham each claim the right to delivery of all mail addressed to P.O. Box 337, Destin, FL 32541. The presiding Administrative Law Judge issued an Initial Decision in which he determined that the mail in dispute should be delivered in accordance with the direction of William A. Ingersoll, president of Sea Dome Condominium Association, Inc. Disputant Graham filed a timely appeal.
Disputant Graham argues that the Administrative Law Judge exceeded his authority by determining the membership of the Board of Directors of Sea Dome Association, Inc. According to Disputant Graham such question is reserved for the courts of the state of Florida under Florida law and, in any event, the Administrative Law Judge did not have enough facts to reach the conclusion that William Ingersoll was elected to the Board of Directors and is the president of the corporation. Disputant Graham further argues that delivery of the mail should be in accordance with the directions of the organization which paid for the Post Office box. In the alternative, Disputant Graham requests that the mail be withheld from delivery until the issue of which Board of Directors was properly elected is resolved in a pending Florida state court proceeding.
The appeal by Disputant Graham does not establish that the Initial Decision is clearly erroneous or that any other grounds exist for the Judicial Officer to exercise his discretion to grant review of the Initial Decision. Under Domestic Mail Manual (DMM) section 153.51, "mail is [to be] delivered in accordance with the order of the president of the corporation" when a disagreement arises among corporate officers and others connected with the corporation. This provision, of necessity, authorizes the presiding officer in a mail dispute proceeding to determine the identity of the president of the corporation and to interpret and apply state law. See Celia Schmidt, P.S. Docket No. MD-44 (J.O. Order Feb. 24, 1989) (application of Florida law).
The Rules of Practice in Proceedings Relative to Mail Disputes provide the parties with an opportunity to present evidence to support their right to receive delivery of the mail in dispute. 39 C.F.R. § 965.5, .6, .8. In accordance with these provisions, both parties filed initial submittals and replies, however, neither party requested a hearing. Based on the record presented, the Administrative Law Judge concluded that William A. Ingersoll is president of Sea Dome Condominium Association, Inc. and, therefore, mail should be delivered in accordance with Mr. Ingersoll's direction. A review of the record supports the Administrative Law Judge's conclusion.
The Administrative Law Judge also concluded that, if a Florida court orders that the mail in dispute be delivered in accordance with the direction of some other entity, the mail should be delivered in accordance with the court's order (I.D. at 6). The Administrative Law Judge's conclusion in this regard is consistent with the provisions of the DMM. DMM § 153.73; see also Alan Cohler, P.S. Docket No. MD-63 at 3 (I.D. July 26, 1989); Jack W. Askew, P.S. Docket No. MD-61 at 2-3 (I.D. July 21, 1989).
Accordingly, the Initial Decision is the final agency decision as provided in 39 C.F.R. § 965.12. All mail addressed to P.O. Box 337, Destin, FL 32541 is to be delivered in accordance with the direction of William A. Ingersoll.