HomeMy WebLinkAbout1711 GreenSTATE ETHICS COMMISSION
309 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Timothy Green, File Docket:
Respondent X -ref:
Date Decided
Date Mailed:
16 --014
Order No. 1711
3128117
3131117
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Maria Feeley
Melanie DePalma
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding possible violation(s) of the Public Official and Employee Ethics
Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the
commencement of its investigation, the Investigative Division served upon Respondent
written notice of the specific allegations. Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an Investigative Complaint. A Stipulation of Findings and a Consent Agreement were
subsequently submitted by the parties to the Commission for consideration. The Stipulated
Findings are set forth as the Findings in this Order. The Consent Agreement has been
approved.
ALLEGATIONS:
That Timothy J. Green, a public official/public employee in his capacity as a
Supervisor for Smith Township, Washingtoni County, violated [Sections 1103(a), 1104(a),
1104Ml 1105(a), and 1105(b)(5)] of the State Ethics Act (Act 3 of 1995) when he utilized
the hority of his public positionloffice resulting in a pecuniary benefit to himself,
members of his immediate family and/or a business with which he /members of his
immediate family are associated, namely Green Road & Towing Services, Inc., when he
racrtiucTated in discussions and actions of the Smith Township Board of Supervisors,
nlng] regularly reviewinglapproving invoices from Green Road & Towing Services, Inc.
issued to the Township concerning vehicle repairs; when he served as an authorized
Township signatory on Township checks issued to Green Road & Towing Services, Inc.;
when he voted affirmatively to approve Township monthly bill listslpayments which included
payments to Green Road & Towin Services, Inc.; and when he failed to disclose the
Township as a source of income onja Statement of Financial Interests filed for the 2014
calendar year, and filed an inaccurate 015 calendar year Statement of Financial Interests,
by misdating the form.
II. FINDINGS:
Timothy J. Green ( "Green ") has served as a Supervisor for Smith Township
(hereafter, "Township "), Washington County, from January 6, 2014, through the
present.
Green has been the appointed Township Secretary since January 2014.
P.O. BOX 11470, HARRISBURG, PA 17108 -1470 • 717- 783 -1610 • 1- 800 - 932 -0936 • www.ethics.state.pa.us
Green, 16 -014
Page 2
1. The Township does not maintain an official job description for the
Secretary position; however, the Secretary position is responsible for
the following:
aa. Reviewing invoices;
bb. Signing Township checks;
cc. Signing Board of Supervisor meeting minutes; and
dd. Signing Township documents (as needed).
2. The Township Secretary is compensated $100.00 a month for
performing duties /responsibilities associated with the position.
b. In addition to serving as the Township Secretary, Green has worked for the
Township Road Department as a part -time equipment operator since
February 2014.
1. Green works as an equipment operator for the Township on an as-
needed basis only.
2. The Township is a Second Class Township governed by a three (3) Member Board
of Supervisors (hereafter, "Board ").
3. The 2010 census reported the Township [population as] 4,476.
a. Regular meetings were held on the second Monday of each month prior to
2016; however, since 2016 the Board meets on the third Monday of each
month.
1. Special meetings are held on occasion throughout the year.
4. Official voting at Township meetings occurs via an "aye" or "nay" fashion after a
motion is made and properly seconded.
a. Abstentions or dissenting votes are not specifically documented in the
minutes.
1. Township minutes normally note only that a motion was made,
seconded, and carried.
5. The Township Treasurer, Michelle Meneely, audio records and takes notes at
meetings to later generate the minutes.
a. The official minutes are subsequently approved by the Board at the following
meeting.
b. Green, as Township Secretary, signs the minutes once they are approved to
signify official approval.
6. The Board Chairman assembles a meeting packet for each Township Supervisor
prior to each Board meeting.
a. The packet normally includes an agenda, the prior month's meeting minutes,
correspondences, and finance reports.
Green, 16 -014
F-a 3
1. The finance reports are provided by the Township Treasurer and
include the amounts of Township revenue and expenditure and
General Fund & Payroll balances.
2. The finance reports do not include a listing of checks or bills to be
approved for payment.
7. The Township Supervisors and the Township Treasurer hold signature authority
over the financial accounts associated with the Township.
a. Township checks are signed by the Township Treasurer, Township
Secretary, and Board Chairman.
1. The Board Vice - Chairman signs checks in the absence of the
Township Secretary or Board Chairman.
b. Facsimile signature stamps are not utilized.
8. Day -to -day operations at the Township are managed by the Township Treasurer,
Township Roadmaster, and Township Police Chief.
a. The Township Treasurer is responsible for the accounts payable /receivable.
b. The Township Treasurer is responsible for drafting Township checks issued
as payment.
C. Procedurally, the Township Treasurer contacts the Township Secretary to
review the bills and to sign checks to be issued as payment.
1. The Township Secretary has historically been a Member of the Board.
2. Since 2014, Green has served as the Township Secretary.
9. At each regular meeting, the Board votes to approve payment of the bills, without
having first officially reviewed what was to be paid.
a. The Board is not provided with a listing of bills that are to be paid.
b. Bills are available for review at any time by the Board/Township Supervisors.
C. The Township Supervisor serving as the Township Secretary is the only
Board Member who regularly reviews bills prior to payment being issued.
d. The Board vote occurs after the Township Secretary reviews and initials
approval of the invoices.
THE FOLLOWING FINDINGS RELATE TO GREEN'S BUSINESS HOLDINGS AND
THOSE OF HIS IMMEDIATE FAMILY.
10. Green and members of Green's immediate family own and operate a towing, road
service, and auto repair business known as Green's Road & Towing, Inc. (hereafter,
"G RT"
a. GRT maintains offices located in the Township; Steubenville, Ohio; and
Weirton, West Virginia.
1. The GRT [office located in the Township] is approximately one mile
from the Township Municipal Building.
Green, 16 -014
age 4
b. Pennsylvania Department of State Corporation Bureau records reflect that
GRT, Entity No. 2884570, was incorporated on June 25, 1999.
1. Corporate filings do not list Green as an officer of the company.
11. Green is employed by GRT as the manager of the auto repair facility owned by GRT
at its Township location.
a. Although Green has the primary responsibility as the manager for GRT at its
auto repair facility in the Township, he performs other duties for GRT when
needed, including towing services.
12. In addition to his employment with GRT, Green and his spouse are the owners of
Green's Collision, LLC, an auto body repair shop located in Hanover Township,
Pennsylvania.
a. Green's Collision, LLC is not affiliated with GRT.
b. Pennsylvania Department of State Corporation Bureau records reflect that
Greens Collision, LLC, Entity No. 6281589, was incorporated on August 19,
2015.
1. Corporate filings list Green as an organizer of the company.
13. Green disclosed on his Statements of Financial Interests ( "SFIs ") for the 2013,
2014, and 2015 calendar years his financial interest in GIRT and Green's Collision,
LLC [as follows].
a. Green's SFIs for calendar years 2013, 2014, and 2015 reflect Green as
holding a 9.8% financial interest in GRT.
b. Green's SFI for calendar year 2015 reflects Green as president of and
holding a 50% financial interest in Green's Collision, LLC.
THE FOLLOWING FINDINGS RELATE TO GREEN'S OFFICIAL ACTIONS IN
REVIEWINGIAPPROVING INVOICES FROM GRT, SERVING AS AN AUTHORIZED
SIGNATORY ON TOWNSHIP CHECKS ISSUED TO GRT, AND PARTICIPATING IN
VOTES TO APPROVE TOWNSHIP BILL LISTS/PAYMENTS TO GIRT IN RELATION TO
VEHICLE REPAIRS.
14. The Township maintains vehicles for use by the Township Road Department and
the Township Police Department.
15. The Township Road Department fleet consisted of ten (10) vehicles for the time
period of 2014 to 2016.
a. The vehicles were housed at the Township Garage (located across the street
from the Township Municipal Building).
b. The Township Police Department fleet consists of six (6) vehicles.
16. The Township did not have a formal procedure pertaining to the selection of auto
repair services for Township vehicles /equipment until July 2016.
a. Prior to July 2016, it was the practice of the Township Road Department,
when selecting auto repair services, for an employee to inform the Township
Roadmaster of a vehicle needing service or repair.
Green, 16 -014
'gage 5
The Township Roadmaster, Supervisor Tom Schilinski, is a full -time
employee, and was made aware by employees when a vehicle
needed service.
2. Employees often made arrangements for vehicles to be repaired after
advising the Township Roadmaster.
b. There are three auto repair shops (not including repair shops affiliated with
car dealerships) located within the Township: GRT, Wally's Auto Service and
Collision ( "WASC "), and John W. Thomas and Sons Trucking ( "TS ").
TS performed diesel and major heavy equipment repairs.
C. The Township Road Department employees typically complete preventative
maintenance (i.e., oil changes, grease -ups) in -House on Township vehicles.
17. Prior to 2014, the Township Road and Police Department vehicles [were sent to
WASC for service /repairs].
a. The excepption was specialty repairs, such as diesel, for which vehicles were
sent to TS.
b. A majority of the Board had a friendship with WASC owner Brandon Kriznik
... prior to 2014.
1. Supervisor Schilinski, interviewed by State Ethics Commission
investigators, stated that he had no explanation for why WASC was
the sole vendor for vehicle repairs other than "politics" but confirmed
that whomever "the supervisors were friends with got the business."
2. Former Supervisor Gerald Yacoviello, also interviewed, confirmed to
State Ethics Commission investigators that he was friends with the
owners of WASC, but did not know why GRT was never used by the
Township.
G. Prior to 2014, the Township Road Department employees made comments
to Supervisor Yacoviello criticizing the amount of time it took WASC to
service /repair Township vehicles.
18. Township records confirm that between 2009 and 2013, 96% of all vehicle repairs
($83,035.25) were completed by WASC.
a. The remaining 4% were completed by TS.
b. GRT was not utilized by the Township during this time frame.
C. The following chart confirms vendors utilized by the Township for vehicle
repairs:
Year
WASC
°o of Twp.
Auto
Repair
Business
GRT
% of Twp.
Auto
Repair
Business
TS
% of Twp.
Auto
Repair
Business
2009
8,4 8.54
1 o0 0
0
O o
0.00
D o
2010
10,660.38
92%
2011
2,541.54
97%
D
D o
06.30
0
2012
$26,527.53
0 0
0
0 0
0
0 a
2013
0 3.55
a
0
D o
,54 .72
1%
Totals
80,171.54
96%
1 so.uu
I U%
2,863.71
1 4N
Green, 16 -014
age 6
19. In or about early 2013, Green declared his candidacy for a position on the Board.
a. Green opposed incumbent Supervisor Yacoviello.
b. Green defeated Yacoviello during the primary and was assured a seat on the
Board prior to the November 2013 general election.
20. Around the time of the 2013 primary election, Supervisors Schilinski and Yacoviello
discussed services for /repairs of Township vehicles.
a. Yacoviello and Schilinski discussed that it was unfair that the Township did
not utilize GRT for auto repair services.
GRT had not done any repair services over the past five (5) years.
b. The discussion concluded with Schilinski and Yacoviello agreeing to begin
dividing work between WASC and GIRT.
C. Neither Schilinski nor Yacoviello took any action to authorize vehicle repairs
by Green /GRT.
d. Township Road Department employees had also advised Township
Supervisors of their dissatisfaction with WASC's services due to WASC not
prioritizing Township work and poor turnaround time.
21. In early 2014, after taking office, Green, in his capacity as a part -time laborer and
equipment operator, was assisting the Township Road Department with snow
removal.
a. At the end of the shift, Township Road Department employees informed
Green that they would be recommending to the Board that Green's company,
GRT, be used for vehicle repairs.
b. Green was receptive to the Township Road Department's suggestion.
22. Beginning in the latter part of January 2014, GRT began servicing Township
vehicles.
a. Township Road Department employees contacted Green directly by
telephone, asking him to assess a vehicle for repair at the Township Garage.
b. Green would assess the vehicle to determine whether it could be fixed in-
house by the Township Road Department or by GRT.
23. Green did not propose, lobby, or direct the Township Road Department to have
vehicles /equipment repaired at GRT.
24. Between at least 2009 and 2014, Township Police Department vehicles were also
serviced by WASC.
a. Prior to Green taking office in Januar)r 20'14, the past practice of the Smith
Township Police Department ("STPD') when selecting auto repair services
was for the STPD Police Chief and/or Officer George Galish to arrange
service /repairs with WASC.
1. The Township Road Department performed preventative maintenance
(i.e,, oil changes, grease -ups) on STPD vehicles.
Green, 16 -014
�7
25. After Green took office in 2014, Officer Galish observed that Township Road
Department vehicles were now being repaired at GRT.
a. Officer Galish began alternating vehicle servicelrepairs between GRT and
WASC after seeing Township Road Department vehicles in the lot of GRT.
b. Repairs at GRT were scheduled directly with Green by Galish or the STPD
Police Chief.
1. Green, as the GRT repair shop manager, oversaw or personally
worked on Township vehicle repairs.
C. The STPD was not considering the use of GRT for vehicle repairs prior to
observing the Township Road Department vehicles being repaired at GRT.
26. After Green took office in January 2014, repairs to Township Road Department and
STPD vehicles were divided among WASC, GRT, and TS.
a. Between 2014 and June 2016, the percentage of vehicle repairs completed
by GRT ranged from 20% in 2014 to 43% in 2016 through June.
27. The following reflects the distribution of payments by the Township for vehicle
repairs from 2014 through June 2016:
Year
WAS
% of Twp.
Auto
Repair
Business
GRT
% of Twp.
Auto
Repair
Business
TS
% of Twp.
Auto
Repair
Business
2014
9 763.90
48 a
4,040.08
20 0
6,683,40
32 0
2015
5,792.
4$ 0
4,67 .79
3 0
,6 5. 9
3 0
2015
$4,106.83
39%
4,461.83
43%
1,$9 .3
8 0
Totals
$19,662.83
46%
13,174.70
30%
$10,189.90
1 24%
28, From January 2014 to June 2016, Green, as [a Township Supervisor /the Township
Secretary], regularly reviewed invoices, signed as a Township signatory on check
payments issued by the Township to GRT, and voted affirmatively to pay the
monthly bills that included payments to GRT, as detailed in the chart below:
Check
Check
Invoice No.
Amount
Township
GRT
Invoice Reviewed
Meeting
Date
No.
Check
Endorsed
Signatures
02-03-12f—
-
75.00
A
32750 -T
4
and
Card
Yes
Yes
03 -03- 4
re -it
-
75.00
A
327 7-
3- 7- 4
Card
Yes
05-28-14
6749
- an
$690, 4
MM,
tamp
63623-
6-16-14
#634110 -WBL
Yes
06-23-14
6778
63714
$743.90
MM TS, TG
Stamp
637 4-
7-21-14
Yes
07-09-14
6796
64133
53.40
tamp
64 3-
7-21-14
Yes
08 -06 -14
831
-blank-
722.46
mm,
tamp
6422 -T
8 -18 -14
#32731 -TG
Yes
—9-T5-14
09-15-14
6866
64865
138.53
MM
tamp
64865-
Yes
09 -3 - 4
9
622, 654
332.23
,
tamp
6543 -
0 -20 -14
#32622 -TG
Yes
0- 4- 4
6
670
$102.41
MM,
tamp
65670-
0 -20- 4
Yes
09 -23- 4
9
-blank-
363.0
imm,
tamp
6597 - TG
10-20-14
#65988 -TG
Yes
#65861 -TG
#65810 -TG
Green, 16 -014
age 8
Check
Check
Invoice No.
Amount
Township
GRT
Invoice Reviewed
Meeting
Date
No.
Check
Endorsed
Si natures
11-12-14
6946
66214, 66197,
3 .39
tamp
--#66214-
-1 7-
66086
#66197 -TG
Yes
#66086 -TG
-22- 4
6993
66828, 6 75
43 .25
tamp
#66828-TG
-5 -15
#66675 -TG
Yes
01-20-15
7022
66998
$187.40
IVIM, TS, TG
Stamp
Invoice Unavailable
2-17-15
Yes
02-04-15
7039
35321 35247,
$550.24
MM, TS,
Stamp
3532 - G
2- 7- 5
67261, 67245
#35247 -TG
Yes
#67261 -TG
#67245 -TG
03 -0415
70 7
67379, 67399
660.53
WITS, AG
Stamp
67379-
3-16-15
#67399 -TS
Yes
03-16-T5—
7079
67797, 67796
0.00
IVIM, TS, AG
Stamp
67797-
3- 6 -15
#67796 -TS
Yes
04-29-T5--
7 16
68407,68412
$382.03
MM,
tamp
#68407-
5- 8- 5
#68412 -TS
Yes
06 -09- 5
—7166-
- an -
43.00
M , T
tamp
68942-
6- 5 -15
Yes
09 -16- 5
7272
899 0, 70180,
$1,37U.97
MM, T-8,
tamp
699 -T
9-21-15
70085
#70180 -TS
Yes
#70085 -TS
11 -24- 5
735
-blank-
24 .74
MM, TS, TG
Stamp
7 338-
12 -21 -15
_
#71508 -JW TS
Yes
12-2T--f 5
7387
71748 7T764
1, 27.88
M , T
tamp
--97-1748-H
12 -21 -15
71701, 71656,
#71764 -RH
Yes
71857
#71701 -RH, TS
#71656 -JW, TS
#71857 -RH
0 -20 -16
7413
72078, 72052
4 0.45
M, T , T
tamp
P-2- —07-8-- , M ,
2 -15- 6
#72052 -TS MK
Yes
02-03-16
7431
003 , 72189,
,990.29
IVIM, TS, TG
tamp
#4003 -TS'
2 -15-
72376, 72264
#72189 -RH,TS
Yes
#72376 -RH,TS
#72264 -RH TS
02 -17-
7452
72486, 72539
53.82
MMF TS, TG
Stamp
72486-
3 -21 -16
#72539 -JW
Yes
03 -02- 6
746
72605, 38034
606.5
M, TS, T
tamp
72605-
3 -2 -16
#38034 -TS, TG
Yes
03-30-16
7503
72950
27.77
IVIM, T
tamp
72950-
4-18-16
Yes
04 -2 - 6
7 29
7304
4.15
MM
tamp
7304 - B
6
Yes
Yes
05-11-16
7556
73579
295.54
M
tamp
73579- H
5- 6- 6
Yes
-25 -16
7572
73683,73676
573.38
MM,
tamp
7368 -
6-20-16—
#73678 -JW
Yes
6
7591
90564
90.28
M,
tamp
7392 -JW
6-20-T6
Yes
Total
$13,174.70
Initials: AU- Anthony vlantrancesco, Jvv -.lone vvPUams, ivtivr- ivrierteie urreneety, rvir\- ivucjiaei rvvuuwani,
TS- Thomas Schilinski, WBL- Bernie Larue, RH -Ron Held
Stamp- Green's Towing Service, Inc. - f=irst Commonwealth Bank - Oakdale, PA
29. From January 2014 to June 2016, Green, as a Township Supervisor /the Township
Secretary, initialed or signed twenty -seven (27) of the fifty -eight (58) GRT invoices,
signifying his review and approval for payment.
a. The total dollar amount of the invoices approved by Green was $4,115.21.
b. The total dollar amount of the invoices] initialed /signed by Green ($4,115.21
of the $13,174.70) represented 31 % of the total amount of the GRT invoices
issued to the Township.
Green, 16 -014
Page 9
30. From January 2014 to June 2016, Green, as a Township Supervisor /the Township
Secretary, signed twenty -five (25) of the twenty -eight (28) Township checks issued
to GRT.
a. The amount approved for payment by Green totaled $12,361.17.
b. The amount approved for payment by Green ($12,361.17 of the $13,174.70)
represented 94% of the total amount issued to GRT by the Township.
31. From January 2014 to June 2016, Green, as a Township Supervisor, voted
affirmatively on thirty (30 occasions to approve payment of the monthly bills, which
included payments to MT andlor to the Township credit card that was utilized for
payments to GRT.
32. Since 2003, the Township has contracted with a certified public accounting firm,
Cypher & Cypher, to perform audits of its financial statements and payroll.
a. The audit review covers financial statements from the most recent calendar
year.
b. The audits are normally performed in or around February of each year.
C. The auditors provide verbal recommendations based on their findings
throughout the course of the audit but do not always memorialize the
recommendations in their final report.
d. The auditors provide a formal presentation of the audit findings to the Board
upon completion of the audit.
33. In or around February 2015, Cypher & Cypher initiated an audit of the Township's
2014 financial statements.
a. The audit report dated February 10, 2015, noted a potential conflict of
interest for Green in his actions of reviewing GRT invoices, signing Township
check payments to GRT, and voting to approve the respective payments.
b. The auditors advised Township Treasurer Michelle Meneely that Green
should stop approving GRT invokes, of which Meneely later informed Green.
34. Green was advised by Meneely of the auditors' recommendation to stop
reviewing /initialing GRT invoices in his capacity as the Township Secretary.
a. GRT issued thirty -three (33) invoices to the Township between March 2015
and June 30, 2016, after the receipt of the audit report.
b. Green initialed his approval of three (3) of the thirty -three (33) invoices after
the auditors' recommendation.
C. [Following the auditor review, Green signed] all fifteen (15) checks issued to
GRT between April 2015 and June 2016.
35. The Board held a special meeting on July 1, 2016, for the purpose of reviewing and
establishing a Township policy for the consideration of contracts.
a. The meeting was attended by Supervisors Anthony Gianfrancesco and
Schilinski; Township Solicitor Gary Sweat; and Township Treasurer Meneely.
Green was absent from the meeting.
Green 16 -014
ag
'e -10
b. The meeting was prompted by the initiation of the investigation tin the instant
matter] by the Investigative Division of the State Ethics Commission.
36. During the July 1, 2016, meeting, the Board approved a policy relating to the
selection of vendors to repair Township vehicles. The approved policy included the
following:
a. The Township Roadmaster will authorize vehicle repair requests and assign
the repairs to a third party.
In the absence of the Township Roadmaster, the Board Vice - Chairman
will make the decision.
b. Green cannot make a referral, approve a work order, vote on paying himself,
or sign any checks to GRT.
C. Green will abstain from motioning to pay any GRT bills and file a memo with
the explanation for his abstention.
37. During the July 1, 2016, meeting, the Board took action to seek reimbursement from
GRT for work performed between 2014 and June 2016, less the cost of parts.
a. The Board directed Township Treasurer Meneely to compile a summary of
all GIRT invoices issued to the Township for work performed from the date
Green took office, to the present, for review by the Supervisors prior to the
July 2016 meeting, and if possible, to identify materials, supplies, and parts
costs.
b. The Board approved that once the actual cost of parts was identified, the
Board would review and make a motion at the appropriate time to refund
GRT the amounts for parts.
38. During the July 1, 2016, special meeting, Township Solicitor Sweat noted the
following regarding Green's company performing repairs to Township vehicles:
a. Sweat announced that Green was being investigated by the State Ethics
Commission and that he (Sweat) had been unaware of Green reviewing GRT
invoices and/or signing Township check payments to GRT.
b. Sweat commented that he would have advised the Board and Green
accordingly, had he known of the situation prior to being notified by the
Investigative Division.
C. Sweat advised that the Board establish a policy to specify how the Township
Road Department and STPD are to decide where to take a vehicle for
repairs.
d. Sweat reported that Green contacted him (Sweat) regardingg the matter into
which the State Ethics Commission was conducting a preliminary inquiry,
and that Sweat advised Green how payment of bills and awarding of jobs
needed to be handled when a Township Supervisor has a business interest
in that entity and could derive an economic benefit from the business
relationship with the Township.
e. Sweat reported that Green would be issuing a check to the Township
representing reimbursement of the full amount charged to the Township by
GRT for auto repair services, labor, and costs of any supplies.
Green 16 -014
Fsage l 1
f. Sweat also reported that Green, in fairness, would like to be reimbursed for
the costs for parts.
g. Sweat reported his belief that Green did not do anything intentional, nor did
he (Sweat) believe that Green ever referred work to his business or insisted
the Township give him work.
39. Township Treasurer Meneely's review of the GRT invoices covering the time period
of 2014 to 2016, as directed by the Board, determined the total cost for parts to be
$9,396.48 and the total cost of labor to be $3,778.22, as reflected in the total
amount paid by the Township to GRT of $13,174.70.
a. Meneely provided Green with her breakdown of the costs for parts and labor.
40. Green submitted two GRT payment checks to Township Treasurer Meneely, who in
turn deposited the checks into the Township's general fund account, as reflected in
the chart below:
a. The payments made by Green represented reimbursement to the Township
for parts (check no. 16112) used in the repair of Township vehicles and labor
(check no. 16068).
41. At the Board's September 19, 2016, regular meeting, Supervisor Gianfrancesco
motioned, seconded by Supervisor Schilinski, to refund GRT for the full cost of
parts from GRT invoices for the time period of January 1, 2014, to the present, in
the amount of $9,396.48.
a. The motion carried with Green abstaining.
42. The Township remitted check no. 7698, dated September 27, 2016, made payable
to GRT in the amount of $9,396.48.
a. The check was signed by Township Treasurer Meneely and Township
Supervisors Schilinski and Gianfrancesco.
b. Township check no. 7698 was negotiated by GRT at First Commonwealth
Bank on October 7, 2016.
The back side of the check bears a GRT stamp signifying its
endorsement as being negotiated.
43. Since the July 1, 2016, Board action, the Township Road Department employees
have informed Schilinski (Township Roadmaster) of requested repairs /services for
Township Road Department vehicles.
a. Schilinski authorizes the request and instructs the employee where to send
the vehicle for repairlservice.
b. The Township Road Department employee schedules the repair /service at
the auto repair shop, per the direction of the Township Roadmaster.
C. The Township Road Department employee picks up the vehicle after being
notified by the auto repair shop that the repair /service is complete.
Check Date
I Check No.
moun
I Signatures
Deposited
07-2
$3778.22
1 Mary Ann Green
U-1-16
08 -31- 6
6 2
9 396.48
1 Mary Ann Green
9-1-16
Total Paid
$13,174.70
a. The payments made by Green represented reimbursement to the Township
for parts (check no. 16112) used in the repair of Township vehicles and labor
(check no. 16068).
41. At the Board's September 19, 2016, regular meeting, Supervisor Gianfrancesco
motioned, seconded by Supervisor Schilinski, to refund GRT for the full cost of
parts from GRT invoices for the time period of January 1, 2014, to the present, in
the amount of $9,396.48.
a. The motion carried with Green abstaining.
42. The Township remitted check no. 7698, dated September 27, 2016, made payable
to GRT in the amount of $9,396.48.
a. The check was signed by Township Treasurer Meneely and Township
Supervisors Schilinski and Gianfrancesco.
b. Township check no. 7698 was negotiated by GRT at First Commonwealth
Bank on October 7, 2016.
The back side of the check bears a GRT stamp signifying its
endorsement as being negotiated.
43. Since the July 1, 2016, Board action, the Township Road Department employees
have informed Schilinski (Township Roadmaster) of requested repairs /services for
Township Road Department vehicles.
a. Schilinski authorizes the request and instructs the employee where to send
the vehicle for repairlservice.
b. The Township Road Department employee schedules the repair /service at
the auto repair shop, per the direction of the Township Roadmaster.
C. The Township Road Department employee picks up the vehicle after being
notified by the auto repair shop that the repair /service is complete.
Green, 16 -014
Page 12
d. The Township Road Department employee receives the bill from the auto
repair shop at the time of pick -up or the bill is mailed to the Township.
1. The employee submits the bill to Township Treasurer Meneely for
payment processing.
44. Since July 2016, a Township Police Officer, mainly Officer Galish, will inform the
Township Police Chief of a needed repairlservice for a Township Police vehicle.
a. The Township Police Chief will instruct the Township Police Officer to have
the vehicle repaired, without directing the Township Police Officer where to
send the vehicle.
The Township Police Officer decides where to send the vehicle for
repair.
aa. Vehicles under warranty are sent to the Ford dealership for
repairs without consideration of any other auto repair shop.
2. Green has not recommended or directed that the STPD send vehicles
to GRT.
b. The Township Police Officer is responsible for scheduling the repair, picking
. up the vehicle, and ensuring the Township is billed by the auto repair shop.
The July 1, 2016, policy notes that the Township Roadmaster will
authorize vehicle repair requests and assign the repair to a third party.
2. The Township Police Chief has not been formally advised of the July 1,
2016, policy.
45. From July 1, 2016, to January 13, 20'17, the Township made payments totaling
$5,975.45 for auto repair services.
a. [The] Township made payments totaling $4,847.65 to WASC (81% of the
total payments for auto repairs).
b. The Township made payments totaling $145.75 to TS (2.5% of the total
payments for auto repairs).
C. The Township made ayments totaling $982.05 to GRT (16.5% of the total
auto repair payments
46. From July 2016 to January 2017, Green, as a Township Supervisor /the Township
Secretary, did not review Invoices, sign as a Township signatory check payments
issued by the Township to GRT, or vote affirmatively to pay the monthly bills that
included payments to GRT, as detailed in the chart below:
Check
Check
Description
Amount
Township
GRT
Invoice Reviewed
Meeting
Date
No.
I
Check
Endorsed
Action
Signatures
9-28-16
7698
B R E
9,39 .48
MM, TS, AG
tamp
RE EM
0- 7- 6
PARTS
Abstained
0- 2 -16
8009
754
38 .49
MM, TS, A
tamp
75422 -no initial
0- T2---T6
Abstained
1 - 94 6
8030
75976
25 .00
TS, A
tamp
7597 -
1 -2 - 6
Abstained
_T2_-_0_7-T6_
8059
7 3 7, 76329
4 5
MM, T, AG
Stamp
-TS, RH
2 -19- 6
#76329 -TS
Abstained
Green 16 -014
age l3
47. On October 27, 2016, Green was interviewed by representatives of the Investigative
Division, during which Green asserted the following:
a. Green was trained in the Township Secretary duties /responsibilities by the
Board Chairman (Schilinski) and Township Treasurer (Meneely).
b. Green was unfamiliar with the process of how the Township Road
Department decided where to have Township vehicles repaired.
C. Green denied having attempted to influence Township decisions in deciding
where to send a vehicle for repair.
d. Green denied directing the Township Road Department to send vehicles to
GRT for repairs.
1. The Township Road Department has asked for input from Green on
repairs, Green advised which repairs he was capable of completing,
subsequently performed the repair at GRT, and billed the Township
for the work.
e. Green believed the Township Police Chief decided where to send Township
Police Department vehicles for repairs.
f. Green denied having attempted to influence the Township Police Department
as to where to send a vehicle for repair.
g. Township Police Officers have stopped unannounced at GRT after business
hours, and asked Green to complete a minor repair (i.e., change a headlight,
repair a. flat tire) which Green performed and subsequently billed to the
Township.
h. Green was unable to explain why in 2014 the Township began sending
vehicles to GRT for repair.
1. Green believed his election as a Township Supervisor gave a
perception to the Township employees that repairs should be sent to
GRT.
L Green did not believe there would be an issue with him reviewing /approving
payment of bills from GIRT since he had only a "small share" in GRT.
j. Green did not recall having been advised by the auditors or any Township
official to stop reviewing /approving bills from GRT, or signing Township
checks made payable to GRT, until 2016 when the Township Solicitor
advised him to cease such actions.
1. Green recalled having signed a GRT bill sent to the Township and as
the Township Secretary reviewing /approving payment of the bill.
Green was then advised by Meneely to no longer review /approve bills
as the Township Secretary that he personally submitted to the
Township from GRT.
k. Green admitted to having made a mistake by reviewing GRT bills and
approving their respective Township payments.
8092
765 2, 76530, 7 563
8.41
MM, TS, AG
Stamp
765 2-
1-3-17
1
I
#76530 -T5'
Abstained
#76563 -TS RH
Total
400,378.53
47. On October 27, 2016, Green was interviewed by representatives of the Investigative
Division, during which Green asserted the following:
a. Green was trained in the Township Secretary duties /responsibilities by the
Board Chairman (Schilinski) and Township Treasurer (Meneely).
b. Green was unfamiliar with the process of how the Township Road
Department decided where to have Township vehicles repaired.
C. Green denied having attempted to influence Township decisions in deciding
where to send a vehicle for repair.
d. Green denied directing the Township Road Department to send vehicles to
GRT for repairs.
1. The Township Road Department has asked for input from Green on
repairs, Green advised which repairs he was capable of completing,
subsequently performed the repair at GRT, and billed the Township
for the work.
e. Green believed the Township Police Chief decided where to send Township
Police Department vehicles for repairs.
f. Green denied having attempted to influence the Township Police Department
as to where to send a vehicle for repair.
g. Township Police Officers have stopped unannounced at GRT after business
hours, and asked Green to complete a minor repair (i.e., change a headlight,
repair a. flat tire) which Green performed and subsequently billed to the
Township.
h. Green was unable to explain why in 2014 the Township began sending
vehicles to GRT for repair.
1. Green believed his election as a Township Supervisor gave a
perception to the Township employees that repairs should be sent to
GRT.
L Green did not believe there would be an issue with him reviewing /approving
payment of bills from GIRT since he had only a "small share" in GRT.
j. Green did not recall having been advised by the auditors or any Township
official to stop reviewing /approving bills from GRT, or signing Township
checks made payable to GRT, until 2016 when the Township Solicitor
advised him to cease such actions.
1. Green recalled having signed a GRT bill sent to the Township and as
the Township Secretary reviewing /approving payment of the bill.
Green was then advised by Meneely to no longer review /approve bills
as the Township Secretary that he personally submitted to the
Township from GRT.
k. Green admitted to having made a mistake by reviewing GRT bills and
approving their respective Township payments.
Gre--el n 16 -014
ag4
48. Green, a public official in his capacity as a Township Supervisor, utilized the
authority of his public position /office for the private pecuniary benefit of GRT when
he reviewed and approved invoices from GRT, a business with which he and his
immediate family are associated; when he served as an authorized Township
signatory on Township checks issued to GRT; and when he voted affirmatively to
approve Township monthly bill lists /payments which included payments to GRT.
a. Green issued payment of $3,778.22 to the Township which constituted labor
costs and profit.
THE FOLLOWING FINDINGS ARE IN RELATION TO DISCREPANCIES FOUND ON
GREEN'S STATEMENT OF FINANCIAL INTERESTS FORMS.
49, Section 1104(a) of the State Ethics Act sets forth that each public official shall file a
Statement of Financial Interests ( "SFI ") for the preceding calendar year no later than
May 1 of each year that he holds such position and of the year after he leaves such
position.
a. Green was required to file SFIs for calendar years 2014 and 2010 as a
Township Supervisor.
50. In June 2016, an SFI compliance review was conducted at the Township Municipal
Building by the Investigative Division of the State Ethics Commission.
51. The compliance review confirmed the following SFIs on file at the Township for
Green:
Calendar Year Date on Form
an i ate)
2014 01/23/15
2015 01/13116.
52. Green disclosed the following information regarding direct and indirect sources of
income and his business interests:
2013:
Line 10, Direct/Indirect Sources of Income: GRT
Line 13, Office, Directorship or Employment in any Business: GRT - Manager
Line 14, Financial Interest in any Legal Entity in Business for Profit: GRT 9.8%
2014:
Line 10, Direct/Indirect Sources of Income: GRT
Line 13, Office, Directorship or Employment in any Business: GRT- Manager
Line 14, Financial Interest in any Legal Entity in Business for Profit: GRT 9.8%
2015:
Line 10, Direct/Indirect Sources of Income: GRT, Greens Collision, LLC
Line 13, Office, Directorship r Employment in any Business: GRT - Manager,
Greens Collision, LLC - President
Line 14, Financial Interest in any Legal Entity in Business for Profit: GRT 9.8 %,
Greens Collision, LLC 50%
53. Block 10 of the SFI requires the disclosure of direct or indirect sources of income for
$1,300 or more in gross income.
a. Green's 2014 W -2 from the Township reflects income received of $3,370.20.
Green, 16 -014
age 15
b. Green failed to disclose income received from the Township on his 2014
calendar year SFI, dated January 23, 2015.
54. Block 7 requires the listing of the prior calendar year for which one is filing a form.
All information on an SFI from blocks 8 to 15 pertains to the calendar year
designated in block 7.
a. Green mistakenly listed "2016" in block of his SFI, dated January 13, 2016.
b. The correct entry for block 7 was 2015.
III. DISCUSSION:
As a Supervisor for Smith Township ( "Township "), Washington County, from
January 6, 2014, through the present, Respondent Timothy Green, also referred to herein
as "Respondent," "Respondent Green," and "Green," has been a public official subject to
the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §
1101 et se .
The allegations are that Green violated Sections 1103(a), 1104(a), 1104(d), 1105(a),
and 1105(b)(5) of the Ethics Act when he utilized the authority of his public position /office,
resulting in a pecuniary benefit to himself, members of his immediate family and/or a
business with which he /members of his immediate family are associated, namely Green
Road & Towing Services, Inc., when he participated in discussions and actions of the
Township Board of Supervisors, including regularly reviewing /approving invoices from
Green Road & Towing Services, Inc. issued to the Township concerning ,vehicle repairs;
when he served as an authorized Township signatory on Township checks issued to Green
Road & Towing Services, Inc.; when he voted affirmatively to approve Township monthly
bill lists /payments which included payments to Green Road &Towing Services, Inc.; and
when he failed to disclose the Township as a source of income on a Statement of Financial
Interests filed for the 2014 calendar year, and filed an inaccurate 2015 calendar year
Statement of Financial Interests by misdating the form.
Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
Green 16 -014
6
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a member
of his immediate family or a business with which he or a
member of his immediate family is associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public officiallpublic
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
Section 1104(a) of the Ethics Act provides that each public official/public employee
must file a Statement of Financial Interests (°SFI ") for the preceding calendar year, each
year that he holds the position and the year after he leaves it.
Section 1104(d) of the Ethics Act provides that no public official shall be allowed to
take the oath of office, or enter or continue upon his duties, nor shall he receive
compensation from public funds, unless he has filed an SFI as required by the Ethics Act.
Section 1105(a) of the Ethics Act provides that the SFI shall be filed on the form
prescribed by this Commission; that all information requested on the form shall be provided
to the best of the knowledge, information and belief of the filer; and that the form shall be
signed under oath or equivalent affirmation.
Subject to certain statutory exceptions not applicable to this matter, Section
1105(b)(5) of the Ethics Act requires the filer to disclose on the SFI the name and address
of any direct or indirect source of income totaling in the aggregate $1,300 or more.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
The Township Board of Supervisors ( "Board ") consists of three Members. A
Township Supervisor ( "Supervisor ") has historically been the Township Secretary
( "Secretary'). The Secretary's responsibilities include reviewing invoices and signing
Township checks. The Secretary is compensated $100.00 per month for performing
duties /responsibilities associated with the position.
Prior to each regular meeting of the Board, the Board Chairman assembles a
meeting packet for each Supervisor. The Board is not provided with a listing of the bills
that are to paid. Bills are available for review by the Supervisors at any time. The
Supervisor serving as the Secretary is the only Board Member who regularly reviews the
bills prior to payment being issued. At each regular meeting, the Board votes to approve
payment of the bills without first officially reviewing what is to be paid. The Board vote
occurs after the Secretary reviews and initials approval of the invoices.
The Township Treasurer ( "Treasurer ") is responsible for drafting Township checks
issued as payment. The Supervisors and the Treasurer hold signature authority over the
financial accounts associated with the Township. Township checks are signed by. the
Treasurer, the Secretary, and the Board Chairman. The Board Vice - Chairman signs
checks in the absence of the Secretary or the Board Chairman. Procedurally, the
Treasurer contacts the Secretary to review the bills and sign checks to be issued as
payment.
Green has served as a Supervisor from January 6, 2014, through the present.
Since 2014, Green has also served as the Secretary. In addition to serving as the
Green 16 -014
aT B n 7
Secretary, Green has worked for the Township Road Department ( "Road Department ") as
a part-time equipment operator on an as- needed basis since February 2014.
Green and members of his immediate family own and operate a towing, road
service, and auto repair business known as Green's Road & Towing, Inc. ( "GRT"). Green
is employed by GRT as the manager of an auto repair facility that GRT owns in the
Township. The GRT auto repair facility is located approximately one mile from the
Township Municipal Building. In addition to GRT, there are two other auto repair shops in
the Township which are not affiliated with car dealerships, namely Wally's Auto Service
and Collision ( "WASC ") and John W. Thomas and Sons Trucking ( "TS ").
The Township maintains vehicles for use by the Road Department and the
Township Police Department ( "Police Department "). Road Department employees typically
complete preventative maintenance for Township vehicles, such as oil changes and
grease -ups, in- house.
Until July 2016, the Township did not have a formal procedure pertaining to the
selection of vendors for repairs for Township vehicles or equipment Prior to July 2016, it
was the practice of the Road Department for an employee to inform the Township
Roadmaster ( °Roadmaster ") of a vehicle needing repairs. Employees often made
arrangements for vehicles to be repaired after advising the Roadmaster. The Township
Police Chief ( "Police Chief ") or Township Police Officer George Galish ( "Officer Galish')
made arranqements with WASC for service /repairs for Police Department vehicles.
Prior to 2014, a majority of the Board, including then- Supervisor Gerald Yacoviello
( "Yacoviello "), had a friendship with WASC owner Brandon Kriznik. The Road Department
and Police Department vehicles were sent to WASC for repairs except for vehicles needing
specialty /diesel repairs, which were sent to TS. Between 2009 and 2013, 96% of all
Township vehicle repairs were performed by WASC, and the rest were performed by TS.
Prior to 2014, the Road Department employees made comments to Supervisor Yacoviello
criticizing the amount of time it took WASC to servicelrepair Township vehicles.
In or about early 2013, Green declared his candidacy for the seat on the Board held
by Yacoviello. Around the time of the 2013 primary election, Yacoviello and Supervisor
Tom Schilinski ("Schilinski"), who also served as Roadmaster, discussed repairs of
Township vehicles. Yacoviello and Schilinski discussed that it was unfair that the Township
did not utilize GRT for auto repair services, and they agreed to begin dividing work between
WASC and GRT. Neither Yacoviello nor Schilinski took any action to authorize vehicle
repairs by GreenIGRT.
Green defeated Yacoviello during the primary and was assured a seat on the Board
prior to the November 2013 general election. In early 2014, after taking office as a
Supervisor, Green was assisting the Road Department with snow removal in his capacity
as a part -time laborer and equipment operator. At the end of the shift, Road Department
employees informed Green that they would be recommending to the Board that Green's
company, GRT, be used for vehicle repairs. Green was receptive to the suggestion.
Beginning in the latter part of January 2014, GRT began servicing Township
vehicles. Green did not propose, lobby, or direct the Road Department to have vehicles or
equipment repaired at GRT. Road Department employees would contact Green directly by
telephone and ask him to assess a vehicle for repair at the Township Garage, and he
would assess the vehicle to determine whether it could be fixed by the Road Department
in -house or by GRT.
After Green took office in 2014, Officer Galish observed that Road Department
vehicles were now being repaired at GRT, and he began alternating service /repairs for
vehicles between GRT and WASC. Repairs at GRT were scheduled directly with Green by
Officer Galish or the Police Chief.
Green 16 -014
image 8
Between 2014 and June 2016, repairs to Road Department and Police Department
vehicles were divided among WASC, GRT, and TS. During that time period, the
percentage of vehicle repairs completed by GRT ranged from 20% in 2014 to 43% in 2016
through June. Green, as the GRT repair shop manager, oversaw or personally worked on
Township vehicle repairs.
From January 2014 through June 2016, the Township made payments totaling
$13,174.70 to GRT for repairs to Township vehicles. During this time period, Green, as a
Supervisorlthe Secretary, initialed or signed twenty -seven GRT invoices totaling $4,115.21,
which signified his review and approval of the invoices for payment. Green, as a
Supervisor /the Secretary, signed twenty -five Township checks totaling $12,361.17 that
were issued to GRT. As a Supervisor, Green voted affirmatively on thirty occasions to
approve payment of monthly bills that included payments to GRT and/or the Township
credit card utilized for payments to GRT.
Since 2003, the Township has contracted with a certified public accounting firm,
Cypher & Cypher, to perform audits of the Township's financial statements and payroll.
The audit is normally performed in or around February of each year and covers financial
statements from the most recent calendar year. The auditors provide verbal
recommendations based on their findings throughout the course of the audit but do not
always memorialize the recommendations in their final report. The auditors provide a
formal presentation of the audit findings to the Board upon completion of the audit.
In or around February 2015, Cypher & Cypher initiated an audit of the Township's
2014 financial statements. The audit report dated February 10, 2015, noted a potential
conflict of interest for Green in his actions of reviewing GRT invoices, signing Township
check payments to GRT, and voting to approve the respective payments. The auditors
advised Township Treasurer Michelle Meneely ( "Treasurer Meneely ") that Green should
stop approving GRT invoices. Treasurer Meneely later advised Green of the auditors'
recommendation that he should stop reviewing /initialing GRT invoices in his capacity as the
Secretary.
Between March 2015 and June 30, 2016, GRT issued thirty -three invoices to the
Township. Green initialed his approval of three of the thirty -three invoices, and he signed
all fifteen Township checks issued to GRT between April 2015 and June 2016.
On July 1, 2016, the Board held a special meeting for the purpose of reviewing and
establishing a Township policy for the consideration of contracts. The meeting was
prompted by the initiation of the Investigative Division's investigation in the instant matter.
Supervisors Schilmski and Anthony Gianfrancesco ( "Gianfrancesco "), Township Solicitor
Gary Sweat ( "Solicitor Sweat "), and Treasurer Meneely attended the meeting. Green was
absent from the meeting.
During the special meeting, the Board approved a policy relating to the selection of
vendors to repair Township vehicles. The approved policy included that the Roadmaster
will authorize vehicle repair requests and assign the repairs to a third party and that in the
absence of the Roadmaster, the Board Vice - Chairman will make the decision. The
approved policy further included that Green cannot make a referral, approve a work order,
vote on paying himself, or sign any checks to GRT and that he will abstain from motioning
to pay any GRT bills and file a memo with the explanation for his abstention.
The Board also took action during the special meeting to seek reimbursement from
GRT for work performed between 2014 and June 2016, less the costs for parts. The Board
directed Treasurer Meneely to compile a summary of all GRT invoices issued to the
Township for workperformed from the date Green took office to July 1, 2016, for review by
the Supervisors prior to the July 2016 regular Board meeting. The Board further directed
Treasurer Meneely to identify costs for materials, supplies, and parts if possible. The
Green, 16 -014
X19
Board approved that once the actual cost of parts was identified, the Board would make a
motion at the appropriate time to refund GRT the costs for parts. During the meeting,
Solicitor Sweat reported that he had been contacted by Green and that Green would be
issuing a check to the Township representing reimbursement of the full amount that GRT
charged the Township for auto repair services, labor, and costs of any supplies. Sweat
also reported that Green, in fairness, would like to be reimbursed for the costs for parts.
Treasurer Meneely's review of GRT invoices covering the time period at issue
determined the total cost of parts to be $9,396.48 and the total cost of labor to be
$3,778.22 as reflected in the total amount of $13,174.70 paid to GRT by the Township.
Treasurer Meneely provided Green with her breakdown of the costs for parts and labor,
and he submitted to her two GRT checks totaling $13,174.70, which represented
reimbursement to the Township for parts used in the repair of Township vehicles and labor.
Treasurer Meneely deposited the checks into the Township's general fund account.
At the Board's September 19, 2016, regular meeting, Supervisor Gianfrancesco
motioned, and Supervisor Schilmski seconded, to refund GRT the amount of $9,396.48 for
the full cost of parts from the GRT invoices for the time period at issue. The motion carried
with Green abstaining. The Township issued a check dated September 27, 2016, made
payable to GRT in the amount of $9,396.48. The check was signed by Treasurer Meneely
and Supervisors Schilinski and Gianfrancesco.
Since July 2016, a Road Department employee will inform the Roadmaster of
requested repairs or service for a Road Department vehicle, and the Roadmaster will
authorize the request and instruct the employee where to send the vehicle for repairs or
service. The Road Department employee will schedule the repairs or service at the repair
shop per the direction of the Roadmaster. A Township Police Officer ( "Police Officer ") will
inform the Police Chief of needed repairs or service for a Police Department vehicle. The
Police Chief will instruct the Police Officer to have the vehicle repaired, and the Police
Officer will decide where to send the vehicle for repairs or service.
From July 1, 2016, to January 13, 2017, the Township made payments totaling
$5,975.45 for auto repair services, which included payments totaling $982.05 to GRT.
During that time period, Green did not review invoices, sign as a Township signatory check
payments issued by the Township to GRT, or vote affirmatively to pay the monthly bills that
included payments to GRT.
As for Green's SFIs, in June 2016 an SFI compliance review was conducted at the
Township Municipal Building by the Investigative Division of the Commission. Green's
SFIs for calendar years 2013 (Candidate) and 2014 and 2015 (Supervisor) were on file
with the Township. Although Green's W _ 2 from the Township for 2014 reflects that he
received income in the amount of $3,370.20 from the Township, he faded to disclose the
Township as a source of income on his SFI for calendar year 2014. Green mistakenly
listed "2016" in Block 7, "calendar year," on his SFI for calendar year 2015.
Having highlighted the Stipulated Findin .9s and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
The Investigative Division will recommend the following in
relation to the above allegations:
a. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred in relation to Green
participating in discussions and actions of the
Green, 16 -014
ag—e2 0
Smith Township Board of Supervisors,
fincluding] regularly reviewing/approving invoices
rom Green Road & Towing SServices, Inc. issued
to the Township concerning vehicle repairs;
serving as an authorized Township signatory on
Township checks issued to Green Road &
Towing Services, Inc.; and voting affirmatively to
approve Township monthly bil lists /payments
which included payments to Green Road &
Towing Services, Inc.; which resulted in a
pecuniary benefit to Green Road & Towing
Services, Inc., a business with which he and/or
members of his immediate family are associated.
That a violation of Section 1104(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1104(a), occurred when Green filed an
inaccurate 2015 calendar year Statement of
Financial Interests, by misdating the form.
That a violation of Section 1105(b)(5) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(b)(5), occurred when Green
neglected to discllose the Township as a source
of income on [a] Statement of Financial Interests
filed for the 20f4 calendar year.
The Investigative Division is not seeking an
disgorgement pursuant [to] 65 Pa.C.S. § 1104(d)
of the Ethics Act.
4. Green has previously made payment of $13,174.70 to Smith
Township, exceeding the amount of any private pecuniary gain
received by Green Road & Towing Services, Inc., as reflected
in the attached Stipulation of Findings.
5. To the extent he has not already done so, Green agrees to file
complete and accurate amended Statements of Financial
Interests with Smith Township through the Pennsylvania State
Ethics Commission, for the 2014 and 2015 calendar years
within thirty (30) days of the issuance of the final adjudication
in this matter.
6. Green agrees to not accept any reimbursement, compensation
or other payment from Smith Township representing a full or
partial reimbursement of the amount paid in settlement of this
matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other
authority to take action in this matter. Such, however, does not
prohibit the Commission from initiating appropriate
enforcement actions in the event of Respondent's failure to
comply with this agreement or the Commission's order or
cooperating with any other authority who may so choose to
review this matter further.
Green, 16 -014
X21
Consent Agreement, at 2 -3.
In considering the Consent Agreement of the parties, we accept the parties'
recommendation for a finding that Green violated Section 1103(a) of the Ethics Act in
relation to his participating in discussions and actions of the Board, including regularly
reviewing /approving invoices from GRT issued to the Township concerning vehicle repairs;
serving as an authorized Township signatory on Township checks issued to GRT; and
voting affirmatively to approve Township monthly bill lists /payments which included
payments to GRT; which resulted in a pecuniary benefit to GRT, a business with which he
and /or members of his immediate family are associated.
Green began serving as a Supervisor and as the Secretary in January 2014. The
Secretary's responsibilities include reviewing invoices and signing Township checks.
Green and members of his immediate family own and operate GRT, and Green is
employed by GRT as the manager of CRT's auto repair facility located in the Township.
Beginning in the latter part of January 2014, GRT began servicing Township vehicles.
During the time period from January 2014 through June 2016, the Township made
pa meats totaling $13,174.70 to GIRT for repairs to Township vehicles. Green used the
authority of office when: (1) as a Supervisor /the Secretary, he initialed or signed twenty -
seven GRT invoices totaling $4,115.21, which signified his- review and approval of the
invoices for payment; (2) as a Supervisor /the Secretary, he signed twenty -five Township
checks totaling $12,361.17 that were issued to GRT; and (3) as a Supervisor, he voted
affirmatively on thirty occasions to approve payments of monthly bills that included
payments to GRT and/or the Township credit card utilized for payments to GRT.
Based upon the Stipulated FindinOs and the Consent Agreement, we hold that
Green violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his
participating in discussions and actions of the Board, including regularly
reviewing /approving invoices from GRT issued to the Township concerning vehicle repairs;
serving as an authorized Township signatory on Township checks issued to GRT; and
voting affirmatively to approve Township monthly bill lists /payments which included
payments to GRT; which resulted in a pecuniary benefit to GRT, a business with which he
and /or members of his immediate family are associated.
Turning to the allegations regarding Green's SFIs, we hold that: (1) a violation of
Section 1104(a)/1105(a) of the Ethics Act, 65 Pa.C.S. § 1104(a)/1105(a), occurred when
Green filed an inaccurate 2015 calendar year SFI, by misdating the form; and (2) a
violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. §.1105(b)(5), occurred when
Green neglected to disclose the Township as a source of income on an SFI filed for the
2014 calendar year.
We note that the Investigative Division is not seeking any disgorgement of Green's
Supervisor compensation pursuant to Section 1104(4) of the Ethics Act, 65 Pa.C.S. §
1104(d).
We further note that per the Consent Agreement, the parties are in agreement that
the payment Green previously made to the Township, as reflected in the Stipulated
Findings, exceeds the amount of any private pecuniary gain received by GRT.
As part of the Consent Agreement, Green has agreed to not accept any
reimbursement, compensation or other payment from the Township representing a full or
partial reimbursement of the amount paid in settlement of this matter.
To the extent he has not already done so, Green has agreed to file complete and
accurate amended SFIs with the Township, through this Commission, for the 2014 and
Green, 16 -014
F a--g—e-2 2
2015 calendar years within thirty (30) days of the issuance of the final adjudication in this
matter.
We determine that the Consent Agreement submitted by the parties sets forth a
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Green is directed to not
accept any reimbursement, compensation or other payment from the Township
representing a full or partial reimbursement of the amount previously paid in settlement of
this matter.
To the extent he has not already done so, Green is directed to file complete and
accurate amended SFIs with the Township, through this Commission, for the 2014 and
2015 calendar years by no later than the thirtieth (30th) day after the mailing date of this
adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no further
action by this Commission. Noncompliance will result in the institution of an order
enforcement action.
IV. CONCLUSIONS OF LAW:
1. As a Supervisor for Smith Township ( "Township "), Washington County, from
January 6, 2014, through the present, Respondent Timothy Green ( "Green' has
been a public official subject to the provisions of the Public Official and Empoyee
Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seg.
2. Green violated Section 1103(a) of the Ethics Act 65 Pa.C.S. 1'103(a)) in relation
to his participating in discussions and actions of the Township Lard of Sit ervisors,
including regularly reviewing /approving invoices from Green Road & Towing
Services, Inc. issued to the Township concerning vehicle repairs; serving as an
authorized Township signatory on Township checks issued to Green Road &
Towing Services, Inc.; and voting affirmatively to approve Township monthly bill
lists /pa ments which included payments to Green Road & Towing Services, Inc.;
which resulted in a pecuniary benefit to Green Road & Towing Services, Inc., a
business with which he and/or members of his immediate family are associated.
3. A violation of Section 1104(a)/1105(a) of the Ethics Act, 65 Pa.C.S. §
1104(a)/1105�a), occurred when Green filed an inaccurate 2015 calendar year
Statement of Financial Interests, by misdating the form.
4. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5),
occurred when Green neglected to disclose the Township as a source of income on
a Statement of Financial Interests filed for the 2014 calendar year.
In Re: Timothy Green, File Docket: 16-014
Respondent Date Decided: 3125117
Date Mailed: 3/31117
ORDER NO. 1711
As a Supervisor for Smith Township "Township "), Washington County, Timothy
Green ( "Green ") violated Section 1103((a} of the Public Official and Employee Ethics
Act ("Ethics Act'), 65 Pa.C.S. § 1103(a), in relation to his participating in discussions
and actions of the Township Board of Supervisors, including regularly
reviewing /approving invoices from Green Road & Towing Services, Inc. issued to
the Township concerning vehicle repairs; serving as an authorized Township
signatory on Township checks issued to Green Road & Towing Services, Inc.; and
voting affirmatively to approve Township monthly bill lists /payments which included
payments to Green Road & Towing Services, Inc.; which resulted in a pecuniary
benefit to Green Road & Towing Services, Inc., a business with which he and /or
members of his immediate family are associated.
2. A violation of Section 1104(a)/1105(a ) of the Ethics Act, 65 Pa.C.S. §
1104(a)/1105(a), occurred when Green filed an inaccurate 2015 calendar year
Statement of Financial Interests, by misdating the form.
3_ A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5),
occurred when Green neglected to disclose the Township as a source of income on
a Statement of Financial Interests filed for the 2014 calendar year.
4. Per the Consent Agreement of the parties, Green is directed to not accept any
reimbursement, compensation or other payment from the Township representing a
full or partial reimbursement of the amount previously paid in settlement of this
matter.
5. To the extent he has not already done so, Green is directed to file complete and
accurate amended Statements of Financial Interests with the Township, through the
Pennsylvania State Ethics Commission, for the 2014 and 2015 calendar years by no
later than the thirtieth (30th) day after the mailing date of this Order.
6. Compliance with paragraphs 4 and 5 of this Order will result in the closing of this
case with no further action by this Commission.
a. Noncompliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
' I
�'-