In the Matter of a Mail Dispute	)	October 24, 1997
Between				)
				)
ROY SURSA			)
				)
	and			)
				)
ALAN LOKEN			)	P.S. Docket No. MD 97-321

APPEARANCE FOR DISPUTANT	Roy Sursa
    ROY SURSA:			3321 Cherry Street
				Anchorage, AK  99504-4118

APPEARANCE FOR DISPUTANT	Susan Wright Mason, Esq.
   ALAN LOKEN:			Keesal, Young and Logan
				1029 W. 3rd Avenue, Sixth Floor
				Anchorage, AK  99501-1328

This mail dispute has been docketed pursuant to Postal Operations Manual (POM 7, 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 is that addressed to Alaska Professional Volunteers, Inc. and Alaska Professional Volunteers, P.O. Box 202096, Eastchester Station, Anchorage, AK 99520-2096. The mail is currently being held by the Anchorage Postmaster.

Disputant Alan Loken submitted a sworn statement in accordance with 39 C.F.R. §965.5. Disputant Sursa made no submission. The following findings of fact are based on the material submitted by Mr. Loken and material forwarded from the Postal Service that was included in the file referred to the Judicial Officer.

FINDINGS OF FACT

1. Disputants Roy Sursa and Alan Loken are (or were) members of an organization called Alaska Professional Volunteers (APV). This organization had been incorporated under the laws of the state of Alaska as a non-profit corporation. In 1987, the corporation was involuntarily dissolved by the state because of a failure to file its biennial report. The general membership of the organization was not aware of the loss of incorporated status and the organization continued to operate as if it retained its incorporated status⁽¹⁾.

2. A general membership meeting of APV was held on April 1, 1997. Mr. Sursa, the president of the organization, announced at this meeting that he was resigning from the position. An election to fill the positions of President and Secretary of APV was held during the May 6, 1997 general meeting of the organization. Alan Loken was elected president in this election. Mr. Sursa presided over this meeting and conducted the election.

3. On May 16, 1997, Mr. Sursa filed an application with the state of Alaska to again incorporate "Alaska Professional Volunteers, Inc." as a non-profit corporation. This application listed Mr. Sursa as the president of the corporation.

4. At a board meeting of APV, held on July 1, 1997, Mr. Sursa announced the incorporation of "Alaska Professional Volunteers, Inc.," and the fact that he was listed as the president of this corporation.

5. On July 15, 1997, Mr. Sursa submitted a change of address for APV to have mail addressed to that organization forwarded from P.O. Box 202096 of the Eastchester Station, to P.O. Box 21236 of the Muldoon Station, both within the Anchorage, Alaska Post Office.

6. On July 31, 1997, Mr. Loken, on behalf of APV, sent a letter to the Eastchester Station of the Anchorage Post Office, which informed the Postal Service that only himself (as president of APV) and Ms. Darla Gerlach, the treasurer of APV, were authorized to accept the mail sent to the organization. This letter further stated that Mr. Sursa was no longer authorized to accept mail addressed to APV. This mail dispute ensued.

DECISION

Disputant Sursa did not submit a sworn statement (or make any submittal), as required by 39 C.F.R. §965.5 and is, therefore, technically in default under 39 C.F.R. §965.7. Nevertheless, all the evidence filed in this dispute has been considered in reaching this decision.

The general purpose of Postal Service rules regarding delivery of mail is to ensure that mail reaches the destination intended by the sender. In this case, Alaska Professional Volunteers was initially incorporated in 1984. Notwithstanding the fact that it lost its incorporated status in 1987, it continued to operate as if it remained incorporated. It is likely, therefore, that mail addressed to "Alaska Professional Volunteers," or "Alaska Professional Volunteers, Inc.," P.O. Box 202096, Eastchester Station, Anchorage, AK 99520-2096, is intended by its sender to be delivered to the same organization, i.e., APV.

In the election held on May 6, 1997, the membership of APV elected Mr. Loken to be the president of the organization. As president, Mr. Loken is entitled to control delivery of mail to that organization. See Domestic Mail Manual §D042.4.1 (January, 1, 1997). Accordingly, mail addressed to "Alaska Professional Volunteers," or "Alaska Professional Volunteers, Inc.," should be delivered as directed by Mr. Loken.

This decision addresses only the right to delivery of the mail. It does not determine ownership of the contents of the mail, nor does it determine any other

underlying dispute between the parties. If Mr. Loken receives mail that is obviously intended for Mr. Sursa, Mr. Loken should promptly forward it.

The attached delivery order should be issued.

					William K. Mahn
					Administrative Judge