November 17, 2006
In the Matter of a Mail Dispute Between
DEACON WILLARD WILDER
and
REVEREND RONALD P. WILLIAMS
P.S. Docket
No. MD 06-179
APPEARANCE FOR DISPUTANT
W. A. Crawford, Esq.
DEACON WILLARD WILDER:
APPEARANCE FOR DISPUTANT
REVEREND RONALD P. WILLIAMS:
Reverend Ronald P. Williams
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 Galilee Missionary Baptist Church at 221 S. Lanier, Fort Meade, FL 33841-3519. The Fort Meade Postmaster is currently holding the mail.
Mr. Wilder filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5, along with some supporting documents. Reverend Williams filed nothing in this proceeding. The following findings of fact are based on Mr. Wilder’s affidavit and the material forwarded by the United States Postal Service Law Department, Tampa, Florida Office, including some documents previously submitted by Reverend Williams to the postmaster.
FINDINGS OF FACT
1. Galilee Missionary Baptist Church is an unincorporated rural church in central Florida, with thirty to fifty members. The business of the church has traditionally been run by a Board of Trustees, or Board of Deacons, which for this church are the same entity. (Wilder affidavit).
2. The Board consists of Mr. Wilder as Chairman, and four other members. Sometime in 2006, Reverend Williams became the church’s Pastor. By letter of August 20, 2006, signed by all five members, the Board informed Reverend Williams that his service as Pastor was terminated. (Wilder affidavit; letter attached).
3. On August 21, 2006, Reverend Williams signed a memorandum stating that Mr. Wilder was no longer Chairman of the Board of Deacons, and that Wilder and the other board members were “silenced,” as of that date. (Attachment to Law Department forwarding letter).
4. On August 24, 2006, Reverend Williams submitted a PS Form 3575, Change of Address Order, to the Fort Meade Post Office, directing that mail addressed to Galilee Missionary Baptist Church at 221 S. Lanier, Fort Meade, FL be forwarded to P.O. Box 855 in Fort Meade. (Attachment to Law Department forwarding letter).
5. On September 1, 2006, Reverend Williams and another person designated “Clerk of the Church,” signed a “Resolution,” stating that Mr. Wilder and others were removed from all financial duties and that Reverend Williams was given authority to operate all financial business of the church. The Resolution stated that the above matters were voted on at a general business meeting of the Galilee Missionary Baptist Church. (Attachment to Law Department forwarding letter).
6. This mail dispute arose when Mr. Wilder disputed the validity of Reverend Williams’ Change of Address Order.
DECISION
As Reverend Williams filed nothing to support his claim as required by 39 C.F.R. §965.5, he is in default. That alone is sufficient grounds for a ruling in favor of Mr. Wilder. 39 C.F.R. §965.7. In addition, Mr. Wilder’s description of the history of the church demonstrates that the business functions of the church are normally handled by the Trustees or the Deacons, not the pastor. This would include receiving the mail. Also, there is no evidence that the action of Reverend Williams in purportedly removing Mr. Wilder and others from their positions of authority was done in accordance with any established rules or procedures.
This decision deals only with delivery of mail. It does not attempt to resolve any other disputes 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. Wilder receives any mail that is intended for Reverend Williams personally, it is his responsibility to forward that mail.
The Judicial Officer should issue an Order to the Fort Meade Postmaster directing that mail addressed to Galilee Missionary Baptist Church at 221 S. Lanier, Fort Meade, FL 33841-3519, be delivered as directed by Willard Wilder.
Bruce
R.