United States Postal Service(TM)
Administrative Law Judges 


In the Matter of a Mail Dispute  	) October 5, 1995          
Between                        		)
	            			)
VINCENT RUSBOSIN II             	)
                               		)
        and                    		)
                               		)
TARA GILLAM                      	) P.S. Docket No. MD 95-244

APPEARANCE FOR VINCENT RUSBOSIN II:	None

APPEARANCE FOR TARA GILLAM:		None




INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book §153.721(c), 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 Four County Youth Athletic Association, Inc., or Four County Athletic Association, Inc., or F.C.A.A., at P.O. Box 512, Mt. Airy, MD 21771-0512. The mail is currently being held by the Postmaster, Mt. Airy, MD 21771-9998. Both disputants have submitted sworn statements as provided by 39 C.F.R. §965.5 and comments on the other disputant's statement as provided by 39 C.F.R. §965.6.

FINDINGS OF FACT

1. In late 1993, the Four County Youth Athletic Association, Inc., a non-profit educational organization providing a supervised program of competitive athletic activities for children in Maryland, was formed. The organization's name subsequently was changed to Four County Athletic Association and then on August 3, 1994, to F.C.A.A. (a/k/a Four County Athletic Association, Inc.) (Rusbosin submission).

2. On November 18, 1993, Disputant Vincent Rusbosin II opened P.O. Box no. 512 in the name of Four County Youth Athletic Association, Inc., as its President (Field Counsel submission).

3. Article V, "Meetings," of the constitution and by-laws of F.C.A.A. states in pertinent part:

SECTION 1

Annual Meetings. The annual meeting of the Members of the FCAA shall be held the Fourth Tuesday in October at 8:00 p.m. each year for the purpose of electing a Board of Directors . . . After the Board of Directors is elected, the board shall meet to elect the officers.

SECTION 2

Notice of Special Meeting. Notice of each special meeting of the Members shall be mailed or otherwise delivered to each Member at the last recorded address at least ten (10) days in advance thereof setting forth the place, time and purpose of the meeting . . .

SECTION 3

Special Meetings. Special meetings of the members may becalled by the Board of Directors or by the Secretary or President at their discretion. Upon the written request of ten (10) Members, the President shall call a special meeting to consider a specific subject. No business other than that specified in the notice of the meeting shall be transacted at any special meeting of the Members.

SECTION 4

Quorum. The presence in person or representation by absentee ballot of one-third (1/3) of the members . . . shall be necessary to constitute a quorum.

(Rusbosin submission)

4. Article VI, "Board of Directors," of the constitution and by-laws of F.C.A.A. states in pertinent part:

SECTION 1

Board and Number. The management of the property and affairs of FCAA shall be vested in the Board of Directors. The number of Directors shall not be less than five (5) nor more than fifteen (15) . . . .

SECTION 2

Required Numbers. The Board membership shall include the Officers, . . . .

* * *

SECTION 5

Meetings, Notice and Quorum. Regular meetings of the Board of Directors shall be held immediately following the annual election and on such days thereafter as shall be determined by the Board. The President or the Secretary may, whenever they deem it advisable or the Secretary shall at the request of five (5) Directors, issue a call for a special meeting of the Board. Notice of each meeting shall be given by the Secretary to each Director either by mail at least three (3) days before the time appointed for the meeting to the last recorded address of each Director, or by telephone or telegraphic or personal notice twenty-four hours preceding the meeting.

SECTION 6

Duties and Powers. The Board shall have the power by a two-thirds [sic] of those present at any regular or special meeting to discipline, suspend or remove any Director or Officer . . . .

(Id.)

5. The record in this matter does not disclose the number of members of F.C.A.A. in 1995. The number of Directors of F.C.A.A. in 1995 was either 10 or 11 (Gillam submission; Rusbosin response).

6. A dissident group of members, led by Disputant Gillam, called a special meeting of the members of F.C.A.A. on June 17, 1995. Advance notification of the date, time and place of the meeting was hand-distributed and announced in two publications of a local weekly newspaper. The purpose of the meeting was described as, "to decide the future direction, structure and leadership of the organization." (Gillam submission).

7. The June 17, 1995 meeting was held as scheduled. All six of the directors who were present voted to remove Disputant Rusbosin as President of F.C.A.A. and to appoint Disputant Gillam as temporary President (Id.).

8. Thereafter, Disputant Gillam filed a request with the Postmaster, Mt. Airy, MD to have all mail addressed to F.C.A.A. at P.O. Box 512, Mt. Airy, MD, delivered to her home address, 5156 Almeria Ct., Mt. Airy, MD. Disputant Rusbosin has opposed such request, and the matter has been forwarded to this office for resolution (Field Counsel submission).

CONCLUSIONS OF LAW

1. Resolution of this mail dispute determines only the right to delivery of the mail. It does not determine the ownership of the mail in issue or resolve any other dispute between the parties. In the event a court of competent jurisdiction rules in a manner contrary to this decision, the court's ruling is to be followed.

2. It does not appear from the record in this matter that the group of dissident members abided by Article V, Section 2 of the organization's constitution pertaining to notice to the members of the special meeting held on June 17, 1995.

3. It does not appear from the record that a quorum was present at the June 17, 1995 special meeting of the organization's membership.

4. The record fails to establish that the procedures prescribed by Article VI, Section 5 of the constitution pertaining to meetings, notice and quorum of the Board of Directors were followed in regard to the June 17, 1995 special meeting of the organization's Board of Directors.

5. Based upon Conclusions of Law 2, 3, and 4 above, it cannot be found that Disputant Rusbosin was removed from office in accordance with the procedures of the constitution and by-laws of F.C.A.A.

6. The mail in issue should be delivered in accordance with the instruction of Disputant Rusbosin, the President of F.C.A.A. The attached mail delivery order should be issued.

7. If Disputant Rusbosin receives mail clearly intended for Disputant Gillam, he is responsible for forwarding such mail to her. 

						James D. Finn, Jr.
						Administrative Judge