Post Office Closings
From the POM
For Guidance contact:
Mario Principe
6237 Wilmette Drive
Burke VA 22015
Home: (703) 249-8312
Fax: (703) 836-8937
email: maprincipe@verizon.net
This section
establishes the rules governing the Postal Service’s consideration of whether
an existing Post Office should be discontinued. The rules cover any proposal to
replace a Post Office with a community Post Office, station, or branch by
consolidation with another Post Office and any proposal to discontinue a Post
Office without providing a replacement facility.
Under 39 United States Code (U.S.C.) 404(b), any decision to close or consolidate
a Post Office must be based on certain criteria. These include the effect on the
community served; the effect on employees of the Post Office; compliance with
government policy established by law that the Postal Service must provide a
maximum degree of effective and regular postal services to rural areas,
communities, and small towns where Post Offices are not self–sustaining; the
economic savings to the Postal Service; and any other factors the Postal Service
determines necessary. In addition, certain mandatory procedures apply:
a.
The public must be given 60 days’ notice of a proposed action to enable the persons served
by a Post Office to evaluate the proposal and provide comments.
b.
After public comments are received and taken into account, any final
determination to close or consolidate a Post Office must be made in writing and
must include findings covering all the required considerations.
c.
The written
determination must be made available to persons served by the Post Office at
least 60 days before the discontinuance takes effect.
d.
Within the first 30 days after the written determination is made available, any person
regularly served by the affected Post Office may appeal the decision to the
Postal Rate Commission.
e.
The Commission may affirm the Postal
Service determination or return the matter for
further consideration, but may not modify the determination.
f.
The Commission is required by 39 U.S.C. 404(b)(5) to make a determination on the appeal no later
than 120 days after receiving the appeal.
g.
A summary table of the notice and appeal
periods under the statute for these regulations is
in Exhibit
123.612.
Section 123.6
includes the following:
a.
Rules to ensure that the community’s
identity as a postal address is preserved.
b.
Rules for consideration of a proposed
discontinuance and for its implementation, if approved.
These rules are designed to ensure that the reasons leading a district manager,
Customer Service and Sales, to propose the discontinuance of a particular Post
Office are fully articulated and disclosed at a stage that enables customer
participation to make a helpful contribution toward the final decision.
The Postal Service permits the use of a community’s separate address to
the extent
practicable.
The ZIP Code for each address
formerly served from the discontinued Post Office
should be kept, wherever practical. In some cases, the ZIP Code originally
assigned to the discontinued Post Office may be changed, if the responsible
district manager, Customer Service and Sales, submits a request with
justification to the appropriate vice president, Area Operations, before the
proposal to discontinue the Post Office is posted.
a.
In
a consolidation, the ZIP Code for the replacement community Post Office, station, or branch is the ZIP Code
originally assigned to the discontinued Post Office.
b.
If the ZIP Code is changed and the
parent Post Office covers several ZIP Codes, the ZIP
Code must be that of the delivery area in which the facility is located.
If all the delivery addresses using the name of the Post Office to be discontinued
are assigned the same ZIP Code, customers may continue to use the discontinued
Post Office name in their addresses instead of the new delivering Post Office
name.
If a Post Office to be discontinued is consolidated with one or more Post
Offices by
establishing in its place a community Post Office, classified or contract
station, or branch affiliated with another Post Office involved in the
consolidation, the replacement unit is given the same name as the discontinued
Post Office.
Publication 65, National Five–Digit ZIP Code and Post Office Directory, lists
all Post Offices discontinued after October 1, 1992, for mailing address
purposes only if they are used in addresses. The ZIP Codes listed for
discontinued offices are those assigned under 123.622.
If a district manager, Customer Service and Sales, believes that the discontinuance
of a Post Office within his or her responsibility may be warranted, the manager:
a.
Must use the standards and procedures in
123.63 and 123.64.
b.
Must investigate the situation.
c.
Must propose the Post Office be
discontinued.
The proposed action may include a consolidation of Post Offices to substitute
a community Post Office or a classified or contract station or branch for the
discontinued Post Office if either of the following conditions applies:
a.
The communities served by two or more
Post Offices are being merged into a single
incorporated village, town, or city; or
b.
A replacement facility is necessary for
regular and effective service to the area served by
the Post Office considered for discontinuance.
Whether the discontinuance under consideration involves a consolidation
or not, the
district manager, Customer Service and Sales, must discuss the matter with the
postmaster (or the officer in charge) of the Post Office considered for
discontinuance and with the postmaster of any other Post Office affected by the
change. The manager should make sure these officials submit written comments and
suggestions as part of the record when the proposal is reviewed.
The district manager, Customer Service and Sales, must gather and
preserve for
the record all documentation used to assess the proposed change. If the manager
thinks the proposed action is warranted, he or she must prepare a document
titled Proposal to (Close) (Consolidate) the (Name) Post Office. This
document must describe, analyze, and justify in sufficient detail to Postal
Service management and affected customers the proposed service change. The
written proposal must address each of the following matters in separate
sections:
a.
Responsiveness to Community Postal
Needs. It is the policy of the government, as established by law, that the
Postal Service will provide a maximum degree of effective and regular postal
services to rural areas, communities, and small towns where Post Offices are not
self–sustaining. The proposal should contrast the services available before
and after the proposed change; describe how the changes respond to the postal
needs of the affected customers; and highlight particular aspects of customer
service that might be less advantageous as well as more advantageous.
b.
Effect on Community. The proposal must include an
analysis of the effect the proposed discontinuance might have on the community
served, and discuss the application of the requirements in 123.62.
c.
Effect on Employees. The written proposal must
summarize the possible effects of the change on the postmaster, supervisors, and
other employees of the Post Office considered for discontinuance. (The district
manager, Customer Service and Sales, must suggest measures to comply with
personnel regulations related to Post Office discontinuance and consolidation.)
d.
Savings. The proposal must include an
analysis of the economic savings to the Postal Service from the proposed action,
including the cost or savings expected from each major factor contributing to
the overall estimate.
e.
Other Factors. The proposal should include an
analysis of other factors that the district manager, Customer Service and Sales,
determines necessary for a complete evaluation of the proposed change, whether
favorable or unfavorable.
f.
Summary. The proposal must include a
summary that explains why the proposed action is necessary and assesses how the
factors supporting the proposed change outweigh any negative factors. In taking
competing considerations into account, the need to provide regular and effective
service is paramount.
g.
Notice. The proposal must include the
following notice: THIS IS A PROPOSAL. IT IS NOT A FINAL DETERMINATION TO (CLOSE)
(CONSOLIDATE) THIS Post Office.
1.
If a final determination is made to
close or consolidate this Post Office, after public
comments on this proposal are received and taken into
account, a notice of final determination will be posted in this Post
Office.
2.
The final determination must contain
instructions on how affected customers may appeal that
decision to the Postal Rate Commission. Any such appeal must be received by the
Commission within 30 days of the posting of the final determination.
A copy of the written proposal and a signed invitation for comments must
be posted
prominently in each affected Post Office. The invitation for comments must do
the following:
a.
Ask interested persons to provide
written comments, within 60 days, to a stated address
offering specific opinions and information, favorable or unfavorable, on the
potential effect of the proposed change on postal services and the community.
b.
State that copies of the proposal with
attached optional comment forms are available in the
affected Post Offices.
c.
Provide a name and telephone number to
call for information.
Exhibit
123.642 is a sample format that may be used for the proposal and comment notice.
Proposal and Comment Notice for Post Office Closing or Consolidation
In addition to providing notice and inviting comment, the district
manager, Customer
Service and Sales, must take any other steps necessary to ensure that the
persons served by the Post Office affected understand the nature and
implications of the proposed action (e.g., meeting with community groups and
following up on comments received that seem to be based on incorrect assumptions
or information).
a.
If oral contacts develop views or
information not previously documented, whether favorable or
unfavorable to the proposal, the district manager, Customer Service and Sales,
should encourage persons offering the views or information to provide written
comments to preserve them for the record.
b.
As a factor in making his or her
decision, the district manager, Customer Service and
Sales, may not rely on communications received from anyone unless submitted in
writing for the record.
The district manager, Customer Service and Sales, must keep as part of
the record
for his or her consideration and for review by the Chief Marketing Officer and
Senior Vice President all the documentation gathered about the proposed change.
a.
The record must include all information
that the district manager, Customer Service and Sales,
considered, and the decision must stand on the record. No information or views
submitted by customers may be excluded.
b.
The docket number assigned to the
proposal must be the ZIP Code of the office proposed
for closing or consolidation.
c.
The record must include a chronological
index in which each document is identified and
numbered as filed.
d.
As written communications are received
in response to the public notice and invitation for
comments, they are included in the record.
e.
A complete copy of the record must be
available for public inspection during normal office
hours at the Post Office proposed for discontinuance or at the Post Office
providing alternative service, if the office to be discontinued was temporarily
suspended under 123.7, Emergency Suspension of Service, beginning no later than the date
on which notice is posted and extending through the comment period.
f.
Copies of documents in the record
(except the proposal and comment form) are provided
on request and upon payment of fees as listed in ASM 352.7.
After waiting not less than 60 days after notice is posted under 123.641,
the district manager, Customer Service and Sales, must prepare an analysis of
the public comments received for consideration and inclusion in the record. If
possible, comments subsequently received should also be included in the
analysis. The analysis should list and briefly describe each point favorable to
the proposal and each point unfavorable to the proposal. The analysis should
identify to the extent possible how many comments support each point listed.
After completing the analysis, the district manager, Customer Service and
Sales, must
review the proposal and reevaluate all the previously made tentative conclusions
in light of any additional customer information and views in the record.
a.
Discontinuance Not Warranted. If the district manager,
Customer Service and Sales, decides against the proposed discontinuance, he or
she must post, in the Post Office considered for discontinuance, a notice
stating that the proposed closing or consolidation is not warranted.
b.
Discontinuance Warranted. If the district manager,
Customer Service and Sales, decides that the proposed discontinuance is
justified, the appropriate sections of the proposal must be revised, taking into
account the comments received from the public. After making necessary revisions,
the manager must take the following steps:
1.
Forward
the revised proposal and the entire record to the vice president, Delivery and Retail, for final
review.
2.
Attach a certificate that all documents
in the record are originals or true and correct copies.
The vice president, Delivery and
Retail, or a designee, must review the proposal
of the district manager, Customer Service and Sales. This review and the
decision on the proposal must be based on and supported by the record
developed by the district manager. The vice president, Delivery and Retail, can
instruct the district manager to provide more information to supplement
the record. Each such instruction and the response must be added to the record.
The decision on the proposal of the district manager, which must also be added
to the record, may approve or disapprove the proposal, or return it for further
action as set forth below.
The vice president, Delivery and
Retail, or a designee, may approve the proposal
of the district manager, Customer Service and Sales, with or without further
revisions. If approved, the term Final Determination is substituted for
Proposal in the title. A copy of the Final Determination must be
provided to the district manager. The Final Determination constitutes the Postal
Service determination for the purposes of 39 U.S.C. 404(b). The Final
Determination must include the following notices:
a.
Supporting Materials. “Copies of all materials on
which this Final Determination is based are available for public inspection at
the (Name) Post Office during normal office hours.”
b.
Appeal Rights. “This Final Determination to
(close) (consolidate) the (name) Post Office may be appealed by any person
served by that office to the Postal Rate Commission. Any appeal must be received
by the Commission within 30 days of the date this Final Determination was
posted. If an appeal is filed, copies of appeal documents prepared by the Postal
Rate Commission, or the parties to the appeal, must be made available for public
inspection at the (name) Post Office during normal office hours.”
The vice president, Delivery and
Retail, or a designee, may disapprove the proposal
of the district manager, Customer Service and Sales, and return it and the
record to the manager with written reasons for disapproval. The manager must
post a notice in each affected Post Office that the proposed closing or
consolidation has been determined to be unwarranted.
The vice president, Delivery and
Retail, or a designee, may return the proposal
of the district manager, Customer Service and Sales, with written instructions
to give additional consideration to matters in the record, or to obtain
additional information. Such instructions must be placed in the record.
Copies of each Final Determination and each disapproval of a proposal by the
district manager, Customer Service and Sales, must be placed on file in the
Postal Service Headquarters Library.
When giving notice of a Final Determination, the district manager,
Customer Service
and Sales, must do the following:
a.
Provide notice of the Final
Determination by posting a copy prominently in the
affected Post Office or offices. The date of posting must be noted on the first
page of the posted copy as follows:
“Date of posting: ___________ , 19___.”
The district manager, Customer Service and
Sales, must notify the vice president,
Delivery and Retail, in writing of the date of posting.
b.
Ensure that a copy of the completed
record is available for public inspection during
normal business hours at each Post Office where the Final Determination is
posted, for 30 days from the posting date.
c.
Provide copies of documents in the
record on request and payment of fees under ASM
352.7.
If no appeal is filed pursuant to 39 U.S.C. 404(b)(5), the official
closing date of the office must be published in the Postal Bulletin, effective
the first Saturday 90 days after the Final Determination was posted. A district
manager, Customer Service and Sales, may request a different date for official
discontinuance in the Post Office change announcement document submitted
to the vice president, Delivery and Retail. However, the Post Office may
not be discontinued sooner than 60 days after the posting of the notice required
by 123.671.
The procedures for appeal are as follows:
a.
Implementation
of Discontinuance. If an appeal is filed, only the vice president, Delivery and Retail, may direct a
discontinuance. However, the Post Office may not be discontinued
sooner than 60 days after the posting of notice required by 123.671.
b.
Display of Appeal Documents. Classification and Customer
Service, Postal Service General Counsel, must provide the district manager,
Customer Service and Sales, with copies of all pleadings, notices, orders,
briefs, and opinions filed in the appeal proceeding.
1.
The district manager must ensure that
copies of all these documents are prominently displayed and
available for public inspection in the Post Office to be discontinued. If that
Post Office has been suspended, the manager must display copies in the affected
Post Offices.
2.
All documents except the Postal Rate
Commission’s final order and opinion must be displayed
until the final order and opinion are issued. The final order and opinion must
be displayed for 30 days.
The procedures following an appeal decision are outlined below.
a.
Determination Affirmed. If the Commission dismisses the
appeal or affirms the Postal Service’s determination, the official closing
date of the office must be published in the Postal Bulletin, effective
the first Saturday 90 days after the Commission renders its opinion, if not
previously implemented under 123.673a. However, the Post Office may not be discontinued sooner than 60
days after the posting of the notice required under 123.671.
b.
Determination Returned for Further
Consideration. If the Commission returns the matter for
further consideration, the vice president, Delivery and Retail, must direct
either (1) notice to be provided under 123.663 that the proposed discontinuance is
determined not to be warranted or (2) the matter to be returned to an
appropriate stage under these regulations for further consideration following
such instructions as the vice president may provide.
A district
manager, Customer Service and Sales, may suspend the operations of any Post
Office under his or her jurisdiction when an emergency or other conditions
require such action. Circumstances that justify a suspension include but are not
limited to a natural disaster, the termination of a lease when other adequate
quarters are not available, the lack of qualified employees for the office,
severe damage to or destruction of the office, and the lack of adequate measures
to safeguard the office or its revenue. The district manager must provide
written notice of any suspension by fax to the vice
president, Delivery and Retail.
When a district manager, Customer
Service and Sales, suspends operations at
a Post Office, a suspension review team must be formed to review the decision.
The suspension review team members must include the district Post Office review
coordinator; the manager of Post Office operations or his/her designee; state
presidents of each postmaster organization or their designees; and a
representative from the facility services office (FSO) or administrative
services office.
a.
The
suspension review team must conduct an onsite visit to the suspended Post Office.
b.
Within 10 business days of the onsite visit, the suspension review team must notify
the district manager, Customer Service and Sales; the national postmaster
organizations; and the vice president, Delivery and Retail, of its
recommendation to suspend or not suspend the office.
c.
If the suspension team recommends
suspension, the formal discontinuance process should be
initiated.
d.
If the suspension team finds that there
is insufficient justification to suspend the office,
the office should be reopened.
If it is proposed to discontinue a suspended Post Office rather than
restore operations,
the procedures outlined in 123.6
must be followed. All notices and other documents required to be posted or kept
in the office to be discontinued must be posted or kept in the Post Office or
offices temporarily serving the customers of the suspended Post Office.
If a district manager, Customer Service and Sales, determines that it is necessary to discontinue a classified station,
classified branch, or contractor–operated community Post Office
administratively attached to a Post Office, the manager must provide immediate written notice with the reasons for the proposed
discontinuance to the vice president, Delivery and Retail.
The vice president, Delivery and
Retail, or a designee, may approve the proposed
discontinuance or may disapprove it for insufficient justification. No final
action on a proposed discontinuance may be taken without the approval
of the vice president, Delivery and Retail.
Upon the discontinuance of a station, branch, community Post Office, or contract
postal unit, a report of change in status must be made on PS Form 1362, Post
Office Status Change Report, as required by 123.5.
Additionally, when a contract unit is discontinued, a contract modification must
be completed to show the contract termination date, and submitted to the
following address:
ACCOUNTING SERVICE CENTER
US POSTAL SERVICE
PO BOX 14678
ST LOUIS MO 63180–9400
Last Updated: 08/13/2008 09:28:00 PM