In the Matter of a Mail Dispute		)  October 7, 1996
Between					)
					)
JOHN ROBERTS				)
					)
	and				)
					)
BRUCE KESLAR				)  P.S. Docket No. MD 96-332


APPEARANCE FOR MR. ROBERTS:		John Roberts
					P. O. Box 392
					Quakertown, PA  18951-0392

APPEARANCE FOR MR. KESLAR:		Bruce Keslar
					P. O. Box 151
					Horsham, PA  19044-0151

This mail dispute has been docketed pursuant to Postal Operations Manual (POM7, August 1, 1996) Section 616.21, 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 The American Disk Jockey Association, P.O. Box 151, Horsham, PA 19044-0151, is being held by the Horsham, Pennsylvania, Postmaster.

Neither party submitted sworn statements in support of their claims, as required by 39 C.F.R. §965.5. The following findings of fact are based on the material forwarded by the United States Postal Service Law Department, Philadelphia Field Office.

1. The American Disk Jockey Association (ADJA) was incorporated in January 1992 as a Delaware Corporation. The named Directors were Bruce Keslar, Maureen Keslar, John Roberts, and Lori Jesse. This group is referred to in the Constitution and By-Laws as the National Board of Directors.

2. The Constitution and By-Laws provide for a "National Executive Committee," which includes, among others, a "National Operations Manager." This officer is described as "the leader of the Association." This position is the equivalent of being President of the Association.

3. The Constitution and By-Laws state that "members of the National Executive Committee will serve until such time as they are replaced by a vote of the National Board of Directors."

4. From the time of incorporation, Mr. Keslar held the position of National Operations Manager. At some time, Mr. Keslar opened Post Office Box 151 in the name of The American Disk Jockey Association. Sometime thereafter, because of a financial dispute with an individual named Sam Monestero, Mr. Keslar closed the box, and then re-opened it in his own name. The Association’s mail continued to be sent to Box 151.

Mr. Roberts concedes that Mr. Keslar is entitled to retain Post Office Box 151 in his own name, but argues that ADJA mail should not be delivered there. He contends that Mr. Keslar was removed from the leadership position in May 1996, and that he (Roberts) is now the National Operations Manager. He sent several documents to the postmaster in support of this argument. These included a letter to the postmaster from Mr. Harshman (legal advisor), the minutes of a February 26, 1996 meeting of the ADJA, the Association By-Laws, a February 1993 Association newsletter, and a May 7, 1996 letter from Mr. Roberts to Michael Burke, an attorney for the ADJA.

Mr. Keslar maintains that he is still the "President" of the Association. He sent the postmaster a handwritten note to that effect, accompanied by the Delaware incorporation documents.

The rule regarding delivery of mail to an organization, as stated in the Domestic Mail Manual (DMM) § D042.4.1, is applicable here: "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."

There are no documents in the file that establish unequivocally who is "president" of the ADJA. However, as it seems to be undisputed that Mr. Keslar was the original National Operations Manager, Mr. Roberts has the burden of showing that Keslar has been lawfully deposed, and replaced by Roberts. The documents submitted by Mr. Roberts fail to do this. The two letters show that Roberts, and perhaps others, were dissatisfied with Keslar’s performance and desired to remove him, but not that this actually happened. The only document that seems to say that Keslar left the leadership position is the February 1993 newsletter, but that is inconsistent with other documents, namely the minutes of the February 1996 meeting, and Roberts’ May 1996 letter. These two documents speak of current problems with Keslar’s management of the ADJA, and discuss terms for removing him. There is nothing in the file to show that Mr. Keslar was replaced by a vote of the National Board of Directors, in accordance with the Constitution and By-Laws. I conclude that Mr. Keslar is still the "president or equivalent official" of the ADJA and, as such, has authority to direct delivery of the disputed mail.

This decision deals only with delivery of the mail. It does not decide ownership of the mail, or any other rights or liabilities regarding The American Disk Jockey Association. If either party obtains a court order directing delivery of mail, postal regulations provide that mail will be delivered in accordance with such order. DMM § D042.6.3.

The attached delivery order should be issued.

					Bruce R. Houston
					Acting Chief Administrative Law Judge

TO THE POSTMASTER AT:	HORSHAM, PA 19044-9998

		  RE:	The Mail Dispute Between

			JOHN ROBERTS

			     and

			BRUCE KESLAR

			P.S. Docket No. MD 96-332

Mail addressed to :

is to be delivered as directed by Mr. Bruce Keslar.

				Judicial Officer