July 11, 2001 In the Matter of a Mail Dispute Between JAMES D. GREELEY and KEVIN J. PANKOW P.S. Docket No. MD 01-201 APPEARANCE FOR DISPUTANT JAMES D. GREELEY: James D. Greeley 809 NE 41st Avenue Ocala, FL 34470-1005 APPEARANCE FOR DISPUTANT KEVIN J. PANKOW: Kevin J. Pankow 11300 SE 108th Terrace Road Belleview, FL 34420-3692
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 Electronic Merchant Systems, 11300 SE 108th Terrace Road, Belleview, FL 34420-3692. The Belleview Postmaster is currently holding the mail.
Neither party submitted a sworn statement as required by 39 C.F.R. §965.5. The following findings of fact are based on the information from the Postal Service that was included in the file referred to the Judicial Officer.
FINDINGS OF FACT
1. Disputant Kevin J. Pankow is the president of EMS-North America and resides at 11300 SE 108th Terrace Road, Belleview, Florida 34420-3692.
2. Disputant James D. Greeley is a sales agent employed by EMS of North America.
3. EMS-North America is an independent agent of Electronic Merchant Systems.
DECISION
Resolution of this dispute is governed by Section D042.1 of the Domestic Mail Manual, which states as follows:
All mail addressed to a governmental or nongovernmental organization or to an individual by name or title at the address of the organization is delivered to the organization, as is similarly addressed mail for former officials, employees, contractors, agents, etc. 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.
Although neither party submitted a sworn statement or made any arguments in support of their claim to the mail in dispute, it is evident from the limited information forwarded by the Postal Service to the Judicial Officer that Mr. Pankow is the president of EMS-North America (Finding of Fact No. (FOF) 1). Moreover, EMS-North America is an independent agent of Electronic Merchant Systems (FOF 3). Absent evidence to the contrary, it must be assumed that the president of EMS-North America is authorized to receive the mail of Electronic Merchant Systems that is addressed to the residence of the president of EMS-North America.
The disputed mail, therefore, should be delivered as directed by Mr. Kevin J. Pankow.
This decision deals only with delivery of the mail in dispute. It does not determine ownership of the contents of the mail and does not purport to decide any other dispute between the parties. Further, if a court directs delivery of the mail in a different manner, the mail will be delivered according to the court order.
The Judicial Officer should issue an Order to the Belleview Postmaster directing that the disputed mail be delivered as directed by Mr. Pankow.
William K. Mahn Administrative Judge