In the Matter of a Mail Dispute  	) July 22, 1998
Between     				)
      					)
SANDRA ZAJKOWSKI   			)
      					)
 and     				)
      					)
LEONARD C. BURKLOW II  			) P.S. Docket No. MD 98-258

APPEARANCE FOR DISPUTANT: 		Stephen King, Esq.
    SANDRA ZAJKOWSKI:   		2251 St. George Lane, Suite E
      					Chico, CA 95926-1359

APPEARANCE FOR DISPUTANT 		Leonard C. Burklow, II
    LEONARD C. BURKLOW, II:  		1929 Virginiatown Rd.
      					Lincoln, CA 95648-9606

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 the Sierra Paint Horse Club at P.O. Box 503, Wilton, CA 95693-0503.⁽¹⁾ The mail is being held by the Wilton, California Postmaster.

Ms. Zajkowski submitted a sworn statement, as required by 39 C.F.R. §965.5, along with documents supporting her claim. Mr. Burklow submitted a letter, with documents supporting his claim. The following findings of fact are based on all the materials submitted by the parties, including material forwarded by the postmaster:

1. At some time in the past, at least as early as September 1995, Sandra Zajkowski applied for a post office box at the Wilton, California Post Office and was assigned Box 503. Because she was, at that time, chairperson of a program run by the Sierra Paint Horse Club, she listed that organization as authorized to receive mail at her post office box.

2. Mr. Burklow has been president of the Sierra Paint Horse Club since January 1997.

3. Sometime in 1998, the Club decided that all its mail should be sent to 5098 Foothills Blvd., 3-210, Roseville, California. Because Ms. Zajkowski was no longer chairing a committee, the Club asked her to submit a change of address form to the Wilton Post Office for any mail addressed to the Club.⁽²⁾ She declined to do this because she believed the post office would be unable to separate her personal mail from Club mail.

Contentions of the Parties

Ms. Zajkowski argues that because Box 503 has always been her personal mail box, Mr. Burklow has no claim to any mail that is sent there. She also says that, because of her long association with the Club, she receives some personal mail addressed to the Club at her P.O. Box. She has no wish to receive the Club's mail and says that she has always been willing to forward everything but her personal mail.

Mr. Burklow argues that the Club is entitled to have its mail delivered to the Club's address, which is now 5098 Foothills Blvd., and that the Club has made efforts to inform the world of its correct address, but that they are not willing to rely upon Ms. Zajkowski to properly separate all the mail addressed to Box 503. Because of the passage of time, both parties believe the amount of mail still in dispute is relatively small.

The fact that P.O. Box 503 has always been rented by Ms. Zajkowski as her personal mailbox is not controlling here. The rules that governs the outcome of disputes such as this are found in Section 614.1 of the Postal Operations Manual, which states that in the event of a dispute over mail addressed to an organization, the mail "must be delivered according to the order of the organization's president or equivalent official," and in Section 614.2, which states that mail addressed "by organization name, but not to the address of the organization, must be delivered to the organization if the organization so directs." Mr. Burklow is the president of the Sierra Paint Horse Club.

The other guiding principle here is that the purpose of delivery rules in general is that mail should be delivered according to the intent of the sender. Because Ms. Zajkowski no longer holds an official position in the Club, it must be assumed that persons addressing mail to the Club intend for it to go to the Club. If it is true that some people intending to send mail to her personally also include the Club name, it is her responsibility to inform them to address such mail only to her. All mail addressed to the Club, by any version of the Club's name listed in the attached Order, shall be delivered as directed by Mr. Burklow.

The decision deals only with delivery of the mail. It does not attempt to resolve any other disputes between the parties, and it does not determine ownership of the contents of the mail. If either party receives mail that is obviously intended for the other, it is each party's duty to forward that mail promptly.

The attached delivery order should be issued.

       					Bruce R. Houston
       					Chief Administrative Law Judge