November 23, 1990

In the Matter of a Mail Dispute Between:

KENDALL CALLAS

SAN FRANCISCO PC USERS GROUP

and

JORDAN ROSENBER

P. S. Docket No. MD-101

APPEARANCE FOR MR. CALLAS:

Kendall Calles, pro se

3145 Geary Blvd.

San Francisco, CA  94118-3316

APPEARANCE FOR MR. ROSENBERG:

Jordan Rosenberg, pro se

455 Vallejo St., #205

San Francisco, CA  94133-4177

INITIAL DECISION

            This mail dispute proceeding was docketed under Domestic Mail Manual §153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision.  Both disputants filed written submittals under 39 C.F.R. §965.5 and comments under §965.6.  The dispute concerns delivery of mail addressed to “SF PC Users Group”, “San Francisco PC Users Group”, “Blue Notes”, at 455 Vallejo, San Francisco, CA  94133, which is the home address of the group’s former president, Disputant Jordan Rosenberg.  Some of the disputed mail also contains the name Jordan Rosenberg in addition to one of the above-quoted addressees.  The following findings of fact and conclusions of law are based upon the submittals, comments, and exhibits attached thereto:

FINDINGS OF FACT

            1.  Disputant Jordan Rosenberg became Presidentof the San Francisco PC Users Group (“SFPCUG”) in March 1989.  Thereafter, in November of 1989 he changed the address of the SFPCUG in the records of the Association of PC User Groups to his home address, 455 Vallejo, San Francisco, CA.  The Association distributes the addresses of member user groups to manufacturers and vendors who send information kits, software for review, and offers to provide presentations.

            2.  He resigned as President on December 18, 1989 and started his own users group business, “SF Business Computers”.

            3.  Before becoming president of SFPCUG, Jordan Rosenberg was an editor of “Blue Notes”, the Group’s newsletter.

            4.  After his resignation, Rosenberg continued to receive some mail intended to SFPCUG and he has hand-delivered some of this mail to the organization (Rosenberger letter to Callas, 10/15/90).  He also continued to received some pieces of mail intended for him personally, but addressed to “Jordan Rosenberg, SFPCUG”  or “Jordan Rosenberg, Blue Notes” due to his previous relationship with SFPCUG and its newsletter.

            5.  Kendall Callas is the new President of SFPCUG.  He requests that all mail bearing the name San Francisco PC Users Group, SF PC Users Group, or “Blue Notes”, which is addressed to 455 Vallejo St., #205, San Francisco, CA  94133-4177, be delivered to the permanent address of SFPCUG at 3145 Geary Blvd, San Francisco, CA  94118-3316.  He requests such delivery even if some of the above mail also bears the name Jordan Rosenberg as an addressee.

CONCLUSIONS OF LAW

            1.  The Domestic Mail Manual provides that mail directed to an official of a private organization at the address of the organization will be delivered to the organization when such mail is claimed both by a former officers and by the organization.  DMM §153.41.  While he was President, Disputant Rosenberg changed the address of SFPCUG in the records of the Association of PC User Groups to his own home address, and otherwise caused many individuals to write to SFPCUG at that address.  Thus the “address of the organization” became 455 Vallejo, San Francisco, CA for the purposes of DMM §153.41.

            2.  The current President, Disputant Callas, now wishes to have that mail delivered to the current address of SFCUG at 3145 Geary Boulevard, San Francisco, CA  94118-3316.  As President of the organization, mail will be delivered in accordance with his instructions.

            3.  The Domestic Mail Manual also provides that mail addressed elsewhere to a private official by title or to the organization, even though marked to the attention of a particular person, will be delivered to the organization, if it so directs.  DMM §153.42.  Accordingly, this section also requires that the mail in dispute, including that which has both Jordan Rosenberg and the organization or its newsletter as addressees, be delivered to SFPCUG in accordance with the instructions of its current president to 3145 Geary Blvd., San Francisco, CA  94118-3316.

            4.  The instant decision only resolves the question of delivery of the mail and does not determine the ownership of mail.  Accordingly, if SFPCUG receives mail pursuant to this decision which belongs to Disputant Jordan Rosenberg, SFPCUG will be responsible for assuring that such mail is forwarded to Jordan Rosenberg.

            5.  The attached mail delivery order should be issued.

                                                                                    Randolph D. Mason

                                                                                    Administrative Law Judge