June 29, 2004
In the Matter of a Mail Dispute Between
BRYANT ALEXANDER
and
TOM CLIFTON
P.S. Docket No. MD 04-79
APPEARANCE FOR DISPUTANT BRYANT ALEXANDER:
Bryant Alexander
2436 Beaver Crossing
Edgewood, MD 21040-1324
APPEARANCE FOR DISPUTANT TOM CLIFTON:
Tom Clifton
6360-D South Hanover Road
Elkridge, MD 21075-5689
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 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 The Phone Doctor, Inc., at P.O. Box 43922, Baltimore, MD 21236-0922, and at 6360-D South Hanover Road, Elkridge, MD 21075-5689. The Baltimore and Elkridge Postmasters are currently holding the mail.
Neither party filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5. Nor did either file any documents beyond what had been submitted previously to the postmaster. The following findings of fact are based the material forwarded by the United States Postal Service Law Department, Mid-Atlantic Office.
FINDINGS OF FACT
1. On October 24, 2002, Thomas R. Clifton incorporated The Phone Doctor, Inc., under the laws of Maryland. Mr. Clifton was named as the only Director of the corporation. The corporation’s principal office was stated to be 6360-D South Hanover Road, Elkridge, Maryland. (Articles of Incorporation, attached to Law Department forwarding letter).
2. Bryant Alexander was employed by The Phone Doctor and owns ten percent of the company. (Clifton March 2, 2004 letter to postmaster).
3. In July 2003, Mr. Alexander, who at some time had rented Post Office Box 43922 in the name of Arrive Technology, Inc., added the name “The Phone Doctor” to the authorized users of the box, and also submitted a PS Form 3575, Change of Address Order, directing that mail addressed to The Phone Doctor, Inc., at 6360 S. Hanover Road, Elkridge, MD 21075, be forwarded to P.O. Box 43922. In March 2004, Mr. Clifton protested and this mail dispute arose.
4. POM Section 614.1, provides:
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.[1]
5. POM Section 614.2 provides:
Mail addressed to a governmental or nongovernmental official by title or by organization name, but not to the address of the organization, must be delivered to the organization if the organization so directs.
DECISION
The Postal Service regulations quoted above govern delivery of mail to an organization when the mail is claimed by more than one person. There is sufficient evidence in the record to show that, as the incorporator and sole Director of The Phone Doctor, Inc., Mr. Clifton is the organization’s “president or equivalent official.” There is no such evidence to support Mr. Alexander’s claim, and it is unclear what his claim is based on. Accordingly, the disputed mail should be delivered as directed by Mr. Clifton.
This decision deals only with delivery of the mail. It does not attempt to decide underlying financial disputes or 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. If Mr. Clifton receives mail that is intended for Mr. Alexander personally it is his responsibility to forward that mail.
The Judicial Officer should issue an Order to the Baltimore and Elkridge Postmasters that mail addressed to The Phone Doctor, Inc., at P.O. Box 43922, Baltimore, MD 21236-0922, and at 6360-D South Hanover Road, Elkridge, MD 21075-5689 should be delivered as directed by Thomas R. Clifton.
Bruce R. Houston
Chief Administrative Law Judge