39 U.S.C. § 205

Procedures of the Board of Governors

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(a) The Board shall direct and control the expenditures and review the practices and policies of the Postal Service, and perform other functions and duties prescribed by this title.(b) Vacancies in the Board, as long as there are sufficient members to form a quorum, shall not impair the powers of the Board under this title.(c) The Board shall act upon majority vote of those members who are present, and any 6 members present shall constitute a quorum for the transaction of business by the Board, except—(1) that in the appointment or removal of the Postmaster General, and in setting the compensation of the Postmaster General and Deputy Postmaster General, a favorable vote of an absolute majority of the Governors in office shall be required;(2) that in the appointment or removal of the Deputy Postmaster General, a favorable vote of an absolute majority of the Governors in office and the member serving as Postmaster General shall be required; and(3) as otherwise provided in this title.(d) No officer or employee of the United States may serve concurrently as a Governor. A Governor may hold any other office or employment not inconsistent or in conflict with his duties, responsibilities, and powers as an officer of the Government of the United States in the Postal Service.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 721.)Statutory Notes and Related SubsidiariesEffective Date

Subsecs. (a) and (d) effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors, and subsecs. (b) and (c) effective Aug. 12, 1970. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

Notes of Decisions

Cited in 4 cases, 1982–1991 · leading case: Bernard L. Silver, Cartwright-Mitchell, Inc., a Delaware Corp. v. United States Postal Serv., 951 F.2d 1033 (9th Cir. 1991).

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Bernard L. Silver, Cartwright-Mitchell, Inc., a Delaware Corp. v. United States Postal Serv., 951 F.2d 1033 (9th Cir. 1991). · cites it 3× “39 U.S.C. § 205 (c)(1). The GOVERNORS and the PG jointly appoint and have the joint power to remove the Deputy Postmaster General (“DPG”).”

Paul N. Carlin v. John R. McKean Individually & as a Member of the Bd. of Governors of the U.S. Postal Serv., 823 F.2d 620 (D.C. Cir. 1987). “He argues that this removal by a minority of the Governors does not comply with the governing statute, see 39 U.S.C. § 205 (c)(1) (1982), and that this court can review his removal for failure to satisfy that requirement.”

Hill, Christopher & Phillips, P. C. v. United States Postal Serv., 535 F. Supp. 804 (D.D.C. 1982). “39 U.S.C. § 205 (d) (1976). 11 . It is also interesting to note that the IRS and the Postal Service as the Governmental entities principally affected by this interpretation, concur in it.”

Friedlander v. United States Postal Serv., 658 F. Supp. 95 (D.D.C. 1987). “§ 401 (9); and, the members of its Board of *101 Governors are officers of the United States Government, 39 U.S.C. § 205 (d). 11 . As one court has noted, it is reasonable to assume that in expressing its intent through the Postal Reorganization Act, Congress sought clarity, not…”

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