In the Matter of a Mail Dispute ) May 10, 1994 Between: ) ) SHIRLEY WINFREE ) MAYOR ) ) and ) ) DANIEL BRIDDLE ) P. S. Docket No. MD-218 CITY ADMINISTRATOR ) APPEARANCE FOR MAYOR WINFREE: Mayor Shirley Winfree P.O. Box 310 LaVergne, TN 37086-0310 APPEARANCE FOR MR. BRIDDLE: Daniel Briddle City Administrator 5093 Murfreesboro Road LaVergne, TN 37086-2706
This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book §153.72, 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 City of LaVergne, Tennessee, at P.O. Box 310 and 5093 Murfreesboro Road, both in LaVergne. By agreement of the parties, the mail is currently being delivered to P.O. Box 310. Both claimants to the mail filed sworn statements and written materials in support of their claims.
1. Shirley Winfree is the mayor of LaVergne, Tennessee. She has asked that all mail for the City of LaVergne be delivered to P.O. Box 310, which she controls.
2. Daniel Briddle is the city administrator of LaVergne, Tennessee. He has asked that all of the City's mail be delivered to City Hall at 5093 Murfreesboro Road in LaVergne.
3. Section D042.4.1 of the Postal Service Domestic Mail Manual provides,
"All mail addressed to a governmental or nongovernmental organization or to an individual by name or title at the address of the organization is delivered to the organization, as is similarly addressed mail for former officials, employees, contractors, agents, etc. If disagreement arises where any such mail should be delivered, it must be delivered under the order of the organization's president or equivalent official."
4. Among other duties designated under Tennessee law, the mayor "[s]hall be the chief executive officer of the municipality and shall preside at meetings of the board [of Mayor and Aldermen]." Tenn. Code Ann. § 6-3-106 (a)(1).
5. The mayor is authorized to "[a]dminister the business of the municipality," but only if the board has not appointed a city administrator to do so. Tenn. Code Ann. §§ 6-3-106 (b)(1); 6-4-101 (b)(1).
6. The LaVergne Board of Mayor and Aldermen has established the position of city administrator, under the control and direction of the board, and has assigned to the city administrator the duty, among others, to administer the business of the municipality. Ordinance No. 93-1, February 7, 1993; Tenn. Code Ann. § 6-4-101 (b)(1).
7. Mr. Briddle is the current city administrator.
1. The duty to administer the business of the municipality includes the authority to receive and manage the City's mail.
2. The city administrator's authority in this regard is exclusive. If the board has appointed a city administrator, the mayor is precluded from exercising those functions the board lawfully assigns to the city administrator. See Ruddell v. City of LaVergne and Shirley Winfree, Appeal No. 01-A-01-9306-CH-00275, 1993 WL 501371 (Tenn. App., December 8, 1993) reh. overruled January 12, 1994; Finding 5.
3. The requirement in postal regulations that a governmental organization's mail be delivered according to the instructions of the organization's president or equivalent official does not require that the mayor's instructions regarding delivery of the City's mail be followed. Although designated the "chief executive officer" under Tennessee law, the mayor does not have authority to conduct the daily business affairs of the City of LaVergne or to direct the activities of the city administrator, who is exclusively authorized to administer the City's business. Under these circumstances, the mayor is not an "equivalent official" to the president of an organization. Mr. Briddle has demonstrated that the authority to control delivery of the City's mail has been lawfully and exclusively placed in the city administrator.
4. The mail addressed to the City of LaVergne is to be delivered according to the instructions of Mr. Briddle.
5. The attached mail delivery order should be issued.
Norman D. Menegat Administrative Judge