August 22, 2002
In the Matter of a Mail Dispute Between
AD DICKSON OJI
and
KENNETH MOSLEY
P.S. Docket No. MD 01-173
APPEARANCE FOR DISPUTANT AD DICKSON OJI:
Ad Dickson Oji
P.O. Box 64
Clarksburg, WV 26302-0064
APPEARANCE FOR DISPUTANT KENNETH MOSLEY:
Kenneth Mosley
314 Washington Avenue, Apt. E
Dunbar, WV 25064-3466
INITIAL DECISION
This mail dispute was docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998 (with Revisions through April 4, 2002)) 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 West Virginia Black Chamber of Commerce (WVBCC), P.O. Box 1161, Charleston, WV 25324-1161. The Charleston Postmaster is currently holding the mail.
Action on this mail
dispute was suspended for several months to await the outcome of pending
litigation in the Circuit Court of Kanawha County, West Virginia. That lawsuit
was titled, West Virginia Black Chamber of Commerce, Inc., Plaintiff v.
Ad Dickson Oji, Defendant. A July 13, 2001 Order in that case noted that the
plaintiff corporation was acting through Kenneth Mosley. On January 2, 2002,
Circuit Court Judge Stucky issued an Order dismissing the lawsuit, based on a
settlement agreement between the parties that had been announced in a hearing
before Judge Stucky on November 30, 2001.
Judge Stucky's January 2, 2002 Order made clear that Mr. Oji had no further claim to the disputed mail.
While action on this administrative case was suspended awaiting Judge Stucky's action, Eleanor Poindexter filed documents showing that she incorporated WV Black Chamber of Commerce, Inc., on December 4, 2001. By letter dated January 7, 2002, Ms. Poindexter asked that no further correspondence in this matter be forwarded to either Mr. Mosley or Mr. Oji, and that all mail addressed to the organization be sent to her. She attached Change-of-Address forms for mail addressed to the WV Black Chamber of Commerce at four post office boxes.[1]
By Order dated January 31, 2002, Mr. Mosley and Ms. Poindexter were directed to inform this office whether there was a dispute between them as to where the disputed mail should be delivered and, if there was, to file sworn statements and supporting documents by February 15, 2002. Mr. Mosley filed copies of some of the documents already included in the case file, along with a letter stating that "WV Black Chamber of Commerce, Inc.," is not the same as the "West Virginia Black Chamber of Commerce Association, Inc.," which is his organization. Ms. Poindexter filed a letter stating that she did not believe there was "any dissension by Mr. Mosley" for all the mail addressed to the four post office boxes being sent to her.
A telephone conference with Mr. Mosley and Ms. Poindexter was held on February 28, 2002. Both agreed to attempt to find a neutral third party who would assist them in examining the held mail and determine the appropriate disposition. By Order dated March 1, 2002, the parties were given until March 21, 2002 to file additional evidence and argument if they were unable to agree on disposition of the disputed mail. Both parties filed letters indicating their lack of success in resolving their dispute, but neither filed any additional evidence. Ms. Poindexter stated that she was still optimistic that the matter could be resolved and asked for additional time.
By Order dated March 25, 2002, the parties were given until April 5, 2002 to file additional evidence. Neither party submitted anything further.
Based on the posture of this record and all the material that has been submitted, the disputed mail should be delivered to Mr. Mosley. The action in the Circuit Court of Kanawha County, and Judge Stucky's January 2, 2002 Order, make it clear that Mr. Oji, the other original party to this mail dispute, has no claim to the disputed mail. Ms. Poindexter has submitted no evidence to substantiate that she has a valid claim to the disputed mail. That leaves Mr. Mosley.
This decision deals only with delivery of mail at the disputed address. It does not make any determination as to who should control the organization(s) involved.
The Judicial Officer should issue an Order to the Charleston Postmaster directing that mail addressed to West Virginia Black Chamber of Commerce (WVBCC), at P.O. Box 1161, Charleston, WV 25324-1161, be delivered as directed by Mr. Kenneth Mosley.
Bruce R. Houston
Chief Administrative Law Judge