May 23, 2003
In the Matter of a Mail Dispute Between
REVEREND ORA CLEMONS
and
MERZETTA SUE BLANTON
P.S. Docket No. MD 03-139
APPEARANCE FOR DISPUTANT REVEREND ORA CLEMONS:
Reverend Ora Clemons
43741 Gatehouse Court
Canton, MI 48187-2024
APPEARANCE FOR DISPUTANT MERZETTA SUE BLANTON:
Merzetta Sue Blanton
1314 Harry Street
Ypsilanti, MI 48198-6620
POSTAL SERVICE DECISION
On April 22, 2003, an Initial Decision was issued in which it was concluded that all mail currently being held or hereafter received addressed to GOODWILL BAPTIST CHURCH, P.O. Box 93, Whittaker, MI 48190-0093 should be delivered as directed by Merzetta Sue Blanton. Although no appeal has been filed, the Judicial Officer has determined to exercise his discretion to review the Initial Decision on his own motion.
In the Initial Decision, the Administrative Law Judge concluded that both disputants, Reverend Ora Clemons and Ms. Blanton, were in default. The Administrative Law Judge further concluded that Ms. Blanton should be entitled to direct delivery of the mail to P.O Box 93 based on evidence showing that she is part-owner of the property on which the church is located.
In a prior mail dispute involving mail to the same name and address (Reverend Ora Clemons and Reverend Percy A. Madison, P.S. Docket No. MD 02-117 (I.D. May 10, 2002), finalized, (Order June 12, 2002)), it was held that Reverend Clemons was the president of Goodwill Baptist Church and, therefore, entitled to delivery of the mail under the applicable mail dispute regulations.[1] Absent a showing that Reverend Clemons is no longer the organization’s president or equivalent official, she is entitled to continue to control the delivery of the mail to Goodwill Baptist Church[2] even though Ms. Blanton may have an ownership interest in the property on which the church is located.
Accordingly, all mail, currently being held or hereafter received, addressed to Goodwill Baptist Church at P.O. Box 93, Whittaker, MI 48190-0093 is to be delivered as directed by Reverend Ora Clemons.
The parties are reminded that a decision in a mail dispute determines only the right to delivery of the mail in dispute, not the ownership of the mail. If either of the parties receives mail intended for the other, that party is responsible for forwarding such mail to the intended recipient.
James A. Cohen
Judicial Officer
May 23, 2003
TO THE POSTMASTER AT: WHITTAKER, MI 48190-9998
RE: Mail Dispute Between
REVEREND ORA CLEMONS
and
MERZETTA SUE BLANTON
P. S. Docket No. MD 03-139
All mail, currently being held or hereafter received, addressed to Goodwill Baptist Church at P.O. Box 93, Whittaker, MI 48190-0093 is to be delivered as directed by Reverend Ora Clemons.
James A. Cohen
Judicial Officer
[1] Section 614.1 of the Postal Operations Manual provides that all disputed mail addressed to an organization is to be delivered “according to the order of the organization’s president or equivalent official” (POM 9, July 2002, Updated with Postal Bulletin Revisions Through Oct. 31, 2002).