In the Matter of a Mail Dispute ) June 5, 1995 Between ) ) BRUCE FRENCH ) ) and ) ) MICHAEL THOMAS ) P.S. Docket No. MD 95-137 APPEARANCE FOR MR. FRENCH: None APPEARANCE FOR MR. THOMAS: Michael Thomas 9101 Blue Jay Lane Weed, CA 96094-9746
INITIAL DECISION
This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book (DMM) §153.721c, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute, which is addressed to Hammond Ranch Hose Company, Inc., 7609 North Old Stage Road, Weed, CA 96094-9511, is now being held by the Postmaster at Weed, California.
Disputant Michael Thomas submitted a sworn statement, as required by 39 C.F.R. §965.5, along with other documents in support of his claim. Disputant Bruce French did not. The following Findings of Fact are based on the materials submitted by Mr. Thomas, and the materials forwarded by the field counsel, which included documents provided by both Mr. Thomas and Mr. French.
FINDINGS OF FACT
1. The Hammond Ranch Hose Company was formed in 1989 as a nonprofit public benefit corporation under the laws of California. Its purpose was to provide firefighting and emergency services for a geographically defined area in or around Siskiyou County, California.
2. The Corporate By-Laws stated that the powers of the corporation would be exercised by a Board of Directors made up of seven members. The Officers of the corporation, including a President, Vice-President, Secretary, and Chief Financial Officer are elected annually by the Board of Directors. The Board also appoints a Fire Chief, to be in command of all firefighting activities.
3. The By-Laws state that membership is voluntary, that no dues or fees are charged, and that all income is derived from voluntary donations.
4. It is unclear how many people were/are members of the corporation. Documents in the file refer to sixteen "firefighters."
5. At an "annual membership meeting" on January 12, 1995, Mr. French was elected President, Ms. Lutkemeier - Vice-President, Mr. Rayburn - Secretary, and Mr. Dibelka - Treasurer.
6. At some time in early 1995, disagreement arose over management of the corporation. The causes, and precise nature of, this disagreement are not entirely clear, but on March 28, 1995, thirteen members, including Mr. Thomas, signed a "Resolution," stating that "we the undersigned will no longer acknowledge the Hammond Ranch Fire Company Board of Directors authority." It is assumed that they were referring to the Hammond Ranch Hose Company.
7. On March 31, 1995, Mr. Thomas and his supporters, which included two members of the Hose Company Board of Directors and the Fire Chief, Mr. Litizzette, created the Hammond Ranch Fire Company and the Hammond Ranch Firefighters Association. The latter is described as a nonprofit association whose purpose is to lend support to the Hammond Ranch Fire Company and to promote social activities.
8. On April 4, 1995, Mary Hecker, one of the two members of the Hose Company Board who are part of the Thomas group, wrote to the Postmaster, requesting that the Company's address be changed from 7609 N. Old Stage Road to a Post Office Box at the Weed Post Office, and that no mail be delivered to anyone who did not have a key to the box.
9. At some time prior to April 5, 1995, the Thomas group turned over funds in the Hose Company account to Siskiyou County officials. This assertion is made in one of Mr. Thomas' letters, and is corroborated in a memorandum signed by Ray Rayburn, the Hose Company Secretary, dated April 5, 1995. Mr. Rayburn, in a note of protest, refers to the County's "commandeering of the corporations treasury," and states that the County has "destroyed the properly constituted and responsible Board of Directors."
10. On May 10, 1995, Siskiyou County entered into a contract with the Hammond Ranch Fire Company, by which the Fire Company would provide firefighting and emergency services for the Hammond Fire and Emergency Response Zone of County Service Area No. 4. I infer from the various documents in the file that this is the same area served by the Hammond Ranch Hose Company.
11. This contract was signed by the Chairman, Board of Supervisors (signature not legible), for the county, and by Michael Thomas, for the Hammond Ranch Fire Company. It was witnessed by Sherrie Bennett, Deputy County Clerk, and William P. Stanley, County Counsel.
CONCLUSIONS OF LAW
1. The Rules of Practice, 39 C.F.R. §965.7, permit finding a party in default if the party fails to submit a sworn statement in support of his claim, as required by 39 C.F.R. §965.5. Mr. French is in default in this case. This default can be a basis for a decision that the mail should be delivered to the other party. That result is appropriate here.
2. Mr. Thomas' contention is that the Hammond Ranch Hose Company, having no members, no money, and no contract, is defunct and has been replaced by the Hammond Ranch Fire Company. With no recent input from Mr. French, it is impossible to determine the accuracy of this contention, and I find it unnecessary to attempt to determine whether Mr. Thomas is correct in his several assertions that the Hose Company Directors acted "illegally" under the terms of their By-Laws. However, because Mr. French is in default in this mail dispute, and because Siskiyou County has now contracted with Mr. Thomas' new organization to provide the services formerly provided by the Hammond Ranch Hose Company, the mail in dispute should be delivered to P.O. Box 292 at the Weed Post Office, as requested by Mr. Thomas.
3. This decision deals only with delivery of the disputed mail. If Mr. Thomas, or any other member of the Hammond Ranch Fire Company, receives mail that is clearly intended for Mr. French, or any other Hammond Ranch Hose Company member, personally, Mr. Thomas is responsible for forwarding the mail to the appropriate person.
4. The attached mail delivery order should be issued.
Bruce R. Houston Acting Chief Administrative Law Judge