June 17, 2008
In
the Matter of a Mail Dispute Between
REVEREND
TYRONE EDWARDS
and
BOARD
OF DEACONS
P.S. Docket No. MD 08-153
APPEARANCE FOR DISPUTANT
REVEREND TYRONE EDWARDS:
Walter M. Northcutt, Esq.
Walter M. Northcutt and
Associates
APPEARANCE FOR DISPUTANT
BOARD OF DEACONS:
Robert G. Poole, Esq.
Whittelsey, Whittelsey
& Poole
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 Mount Moriah Baptist Church at P.O. Box 128, Auburn, AL 36831-0128. The Auburn 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 documents in this proceeding. The following findings of fact are based on the material forwarded by the United States Postal Service Law Department, Tampa Office, including some documents provided to the post office by the parties.
FINDINGS OF FACT
1. Reverend Tyrone Edwards is the Pastor of Mount Moriah Baptist Church.
2. In May or June 2007, a dispute arose between Reverend Edwards and several individuals identified as Deacons of Mount Moriah Baptist Church. Based on some alleged financial improprieties, the Deacons asked Reverend Edwards to resign. He declined. (Poole email, February 26, 2008).
3. In June 2007, the Deacons filed, in the Probate Court of Lee County, Alabama, Articles of Incorporation and By-Laws for the church, purportedly adopted at a meeting on January 28, 2007. (Poole email).
4. In November 2007, Reverend Edwards and others filed a Petition for Declaratory Judgment in the Circuit Court of Lee County, naming several persons (the Deacons, apparently) as defendants, and asking that the Articles of Incorporation and By-Laws be declared invalid. This suit is still pending, with issues over the production of documents and other requests for information in dispute. (Poole email).
DECISION
Postal Service regulations governing delivery of mail to an organization when the mail is claimed by more than one person provide as follows:
“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.” (POM 9, July 2002, Revised
through
In the absence of any information demonstrating otherwise, a pastor is deemed to be the “president or equivalent official,” of a church. Therefore, as it is not clear exactly what precipitated this mail dispute and neither party has presented any persuasive information to support their claim to the mail, Reverend Edwards prevails.
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.
The Judicial Officer should issue an Order to the Auburn Postmaster directing that mail addressed to Mount Moriah Baptist Church at P.O. Box 128, Auburn, AL 36831-0128, be delivered as directed by Reverend Tyrone Edwards.
Bruce
R.
Chief Administrative Law Judge