May 18, 2006
In
the Matter of a Mail Dispute Between
LORRAINE
WILLMER
and
KARL
KIRKHART
P.S. Docket No. MD 06-70
APPEARANCE FOR DISPUTANT
Louis E. Lozeau, Jr., Esq.
Wright, Ponsoldt & Lozeau
APPEARANCE FOR DISPUTANT KARL KIRKHART:
Karl Kirkhart
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 First Congregational United Church of Christ, Palm City, FL., Inc., at P.O. Box 888, Palm City, FL 34991-0888. The Palm City Postmaster is currently holding the mail.
Neither party filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5, or any other information beyond what had been submitted earlier to the postmaster. The following findings of fact are based on all the material forwarded by the Postal Service Law Department, Tampa, Florida Office.
FINDINGS OF FACT
1. At some unknown date, the First Congregational United Church of Christ, Palm City, FL., Inc., was incorporated in Florida. Its mailing address was P.O. Box 888, Palm City, FL 34991-0888. (Various forms attached to Law Department forwarding letter).
2. At some time in the past, Lorraine Willmer became President of the corporation and was recognized as such by all parties. (Minutes of January 29, 2006 meeting; various forms attached to Law Department forwarding letter, listing officers).
3. POM
Section 614.1 provides:
All mail addressed to a governmental or nongovernmental
organization . . . 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]
DECISION
This case file contains almost no useful information. Ms. Willmer submitted to the postmaster a March 23, 2006 letter from an attorney addressed to her, stating his legal opinion that she is currently the President of the Church and that actions taken by others were invalid.
Mr. Kirkhart submitted to the postmaster a copy of minutes of an “Annual Congregational Meeting,” of the First Congregational United Church of Christ, held on January 29, 2006. These minutes state that, “in the absence of President Lorraine Willmer,” another person presided. The minutes go on to report the nomination and election of various officers, including Mr. Kirkhart as President.
Neither party submitted a copy of the Articles of Incorporation or the By-Laws of the Corporation, and Mr. Kirkhart provided no explanation or assertion that the January 29 election was conducted in accordance with the Articles or the By-Laws.
In a case such as this, where we have no way to determine whether a purported election of new officers was validly conducted, we revert to the status quo if it can be determined who was the president of the organization before the dispute arose. In this case, there appears to be no doubt that it was Ms. Willmer. Accordingly, in accordance with Section 614.1, quoted above, she is entitled to direct delivery of the mail.
This decision deals only with delivery of
the mail. It does not attempt to resolve
any other underlying 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 Palm City Postmaster that the
disputed mail should be delivered as directed by Lorraine Willmer.
Bruce R.
Chief Administrative Law Judge