April 6, 2006

 

In the Matter of a Mail Dispute Between

 

EARL TIMMONS

and

THOMAS D. KERRY

 

P.S. Docket No.  MD 06-7

 

APPEARANCE FOR DISPUTANT EARL TIMMONS

C. W. Lartigue, IV, Esq.

 

APPEARANCE FOR DISPUTANT THOMAS D. KERRY

Phillip A. Gattuso, Esq.

 

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 Church of God, Worldwide Ministries, at 1763 Stumpf Blvd., Terrytown, LA 70056-2005.  The Terrytown Postmaster is currently holding the mail.[1]

Both parties filed sworn written statements, as required by the Rules of Practice, 39 C.F.R. §965.5, accompanied by other supporting documents, and Mr. Timmons also filed additional materials as rebuttal, as permitted by 39 C.F.R. §965.6.  The following findings of fact are based on all the material submitted by the parties.

FINDINGS OF FACT

 

            1.  The Findings of Fact found in P. S. Docket No. MD 05-189 are pertinent to this case and are incorporated herein by reference.  In summary, the Church of God, Worldwide Ministries was incorporated in 2004.  The original members of the Board of Directors were Mr. Trent, Mr. Timmons and Mr. Kerry.  Mr. Trent was president.  A dispute over control of the corporation arose in 2005.

            2.  After the Postal Service Decision in MD 05-189, Mr. Kerry placed a notice on the Church of God, Worldwide Ministries website, and sent letters to some members, directing people sending mail to the church to send it to 1763 Stumpf Blvd., Gretna (Terrytown), LA 70056.  (Documents attached to Trent January 5, 2006 letter).

            3.  On December 29, 2005, Mr. Kerry incorporated a new organization called Church of God, Ministries International.  The business address of this corporation, and of a corporation called Church of God, New Orleans, incorporated by Mr. Kerry in 1998, is 1763 Stumpf Blvd.  (Trent January 23, 2006 submission).

            4.  On December 30, 2005, Mr. Kerry sent a notice to some members of Church of God, Worldwide Ministries of a meeting and election of officers to be held on January 14, 2006.  This notice made reference to a lawsuit initiated by Mr. Trent and his group in Tennessee, and stated the intention of Mr. Kerry and his group to create a “Totally New Separate Organization.”  (Trent February 14, 2006 submission and documents attached).

5.  On January 14, 2006, Mr. Kerry and his supporters held a meeting and purported to elect new officers of the Church of God, Worldwide Ministries.  Bruce Chapman was elected President.  The group also voted to amend the Articles of Incorporation to change the business address of the Church of God, Worldwide Ministries to 1763 Stumpf Blvd.  (Kerry affidavit, February 7, 2006, and documents attached).

            6.  On January 21, 2006, Mr. Kerry sent a letter on Church of God, Ministries International letterhead, addressed “Greetings Brethren,” to church members.  He made reference to the legal problems of the previous year, and announced the new name of the church - Church of God, Ministries International.  (Letter attached to Timmons February 21, 2006 submission).

            7.  This mail dispute was initiated by Mr. Trent when he learned that Mr. Kerry had asked people to send mail addressed to the Church of God, Worldwide Ministries to 1763 Stumpf Blvd., Gretna (Terrytown), LA 70056.  (Trent January 5, 2006 letter).

DECISION

            The rules that govern the outcome of disputes such as this are found in Section 614.1 of the Postal Operations Manual, which states that in the event of a dispute over mail addressed to an organization, the mail “must be delivered according to the order of the organization’s president or equivalent official,” and in Section 614.2, which states that mail addressed “by organization name, but not to the address of the organization, must be delivered to the organization if the organization so directs.”

            In the decision in P. S. Docket No. MD 05-189 it was concluded that Mr. Trent was still the president of the Church of God, Worldwide Ministries because Mr. Kerry’s claim that Mr. Trent and Mr. Timmons had been removed from office was not supported by the evidence.  That is still the case here.  Mr. Trent and Mr. Timmons dispute the validity of the January 14, 2006 election and Mr. Kerry has not demonstrated that the election was conducted in accordance with the Articles of Incorporation and the By-Laws of the Church of God, Worldwide Ministries.  Further, some of Mr. Kerry’s other actions (see Findings #3, 4, and 6) suggest that he is acting on behalf of his new organization, not the Church of God, Worldwide Ministries.  Therefore, Mr. Trent is still recognized as president of the Church of God, Worldwide Ministries and as such, he is authorized to direct the delivery of mail to that organization.

            Additionally, one of the principal purposes of the rules governing mail disputes is that mail be delivered as intended by the senders.  Based on all the facts presented in the previous case, and in this case, including the creation of Mr. Kerry’s new and separate organization, it is likely that most of the mail addressed to the Church of God, Worldwide Ministries is intended for the group represented by Mr. Trent and Mr. Timmons.  There is no dispute over mail addressed to the Church of God, Ministries International, and that mail should be delivered as addressed.

This decision deals only with delivery of the mail.  It does not attempt to resolve any underlying financial or 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.

            The Judicial Officer should issue an Order to the Terrytown, Louisiana Postmaster that the disputed mail should be delivered as directed by George Trent.

 

Bruce R. Houston

Chief Administrative Law Judge


[1] These same parties litigated an earlier case, P. S. Docket No. MD 05-189, which was concluded by a Postal Service Decision, December 27, 2005, directing that mail addressed to The Church of God, Worldwide Ministries, at P.O. Box 2005, Gretna, LA 70054-2005, and at P.O. Box 6879, Sevierville, TN 37864-6879 be delivered as directed by George Trent.  Mr. Trent and Mr. Timmons were acting in concert and Mr. Trent was the president or equivalent official of the organization.