October 20, 2000 In the Matter of a Mail Dispute Between WILLIAM G. DALY JAMES R. DALY and ROBERT H. DANIELS P.S. Docket No. MD 00-321 APPEARANCE FOR DISPUTANTS D. Campbell Bowman, Jr., Esq. WILLIAM G. DALY and Gardner & Bowman, LLC JAMES R. DALY: 236 East Oglethorpe Avenue P.O. Box 2045 Savannah, GA 31402-2045 APPEARANCE FOR DISPUTANT Michael J. Thomerson, Esq. ROBERT H. DANIELS: McCallar & Associates 115 West Oglethorpe Avenue P.O. Box 9026 Savannah, GA 31412-9206
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998) 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 Daniels and Daly Insurance Agency, Inc., at P.O. Box 14688, Savannah, GA 31416-1688. The Savannah Postmaster is currently holding the mail.
Mr. Daniels and William Daly both filed sworn statements, and other documents in support of their positions, as required by 39 C.F.R. §965.5. Mr. Daniels also filed a reply to Mr. Daly's statement. The following findings of fact are based on all the material submitted by the parties, including the material forwarded by the United States Postal Service Law Department, Atlanta Office.
FINDINGS OF FACT
1. Daniels' Insurance Agency, Inc., was incorporated in Georgia in October 1980. In March 1989, the Articles of Incorporation were amended to change the name to Daniels & Daly Insurance Agency, Inc. (Postal Service submission).
2. Immediately preceding the disagreements that led to this mail dispute, William Daly was President of the corporation, and Mr. Daniels was Secretary, Treasurer and Vice-President. (Daniels affidavits; Daly affidavit).
3. In July 2000, William Daly and his son, James Daly, accused Mr. Daniels of misappropriating funds from the corporation and asked him to terminate his employment with the corporation. Mr. Daniels moved out of his office.(1) (Daniels affidavits; Daly affidavit).
4. On July 20, 2000, Mr. Daniels submitted a PS Form 3575 to the Savannah Post Office, directing that mail addressed to the corporation at P.O. Box 14688 be forwarded to P.O. Box 16433 in Savannah. The Dalys' attorney wrote to the postmaster to oppose the forwarding order and this mail dispute arose. (Postal Service submission).
5. Postal Service regulations governing delivery of mail to a corporation when the mail is claimed by more than one person provide as follows:
"All mail addressed to a governmental or nongovernmental organization (including but not limited to corporations, firms, sole proprietorships, partnerships, joint ventures, and associations) . . . at the address of the organization is delivered to the organization. . . . If disagreement arises about where any such mail should be delivered, it must be delivered according to the order of the organization’s president or equivalent official." (Postal Operations Manual, Issue 8, July 16, 1998, Revised through September 7, 2000, Section 614.1; Similar language appears at Domestic Mail Manual, Issue 55, Revised through October 5, 2000 ("DMM"), Section D042.4.1).
DECISION
The Dalys argue that Mr. Daniels no longer holds any official position in the corporation. Mr. Daniels asserts that is not true, that he never resigned his positions and that the Dalys' attempt to remove him was invalid. He argues that he needs to receive the mail in order to carry out his duties. It is not necessary to resolve these issues. Section 614.1 of the Postal Operations Manual (Finding 5) governs resolution of this mail dispute.
No matter the extent of their disagreement on several other issues, both parties agree that William Daly is President of the corporation. As such, he is entitled to direct the delivery of mail addressed to the corporation.
This decision deals only with delivery of the mail. It does not attempt to decide any other dispute between the parties. If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order. POM §616.3.
The Judicial Officer should issue an Order to the Savannah Postmaster directing that the disputed mail be delivered as directed by Mr. William Daly.
Bruce R. Houston Chief Administrative Law Judge