HomeMy WebLinkAbout964 CoccariSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In re: Barbara Coccari File Docket: 92- 031 -C2
Date Decided: 02/23/95
Date Mailed: 03/10/95
Before:
Daneen E. Reese, Chair
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
John R. Showers
Rev. Joseph G. Quinn
Boyd E. Wolff
The Investigative Division of the State Ethics Commission
received complaints regarding possible violations of the State
Ethics Law, Act No. 170 of 1978 and Act No. 9 of 1989. Written
notice, of the specific allegation(s) was served at the
commencement of the investigation. A Findings Report was issued
and served, upon completion of the investigation, which constituted
the Complaint by the Investigation Division. An Answer was filed
and a hearing was held. The record is complete. This adjudication
of the Commission is hereby issued which sets forth the individual
Allegations, Findings of Fact, Discussion, Conclusions of Law and
Order.
This adjudication is final and will be made available as a
public document fifteen days after issuance. However,
reconsideration may be requested which will defer public release of
this adjudication pending action on the request by the Commission.
A request for reconsideration, however, does not affect the
finality of this adjudication. A reconsideration request must be
received at this Commission within fifteen days of issuance and
must include a detailed explanation of the reasons as to why
reconsideration should be granted in conformity with 51 Pa. Code
52.38 and /or 51 Pa. Code §21.29(b).
The files in this case will remain confidential in accordance
with Section 8(a) of Act 170 of 1978 and Act 9 of 1989, 65 P.S.
5408(h), during the fifteen day period and no one unless the right
to challenge this Order is waived, may violate confidentiality by
releasing, discussing or circulating this Order. However,
confidentiality does not preclude discussing this case with an
attorney at law.
Any person who violates confidentiality of the Ethics Act is
guilty of a misdemeanor subject to a fine of not more than $1,000
or imprisonment for not more than one year, 65 P.S. §409(e).
Coccari, 92- 031 -C2
Page 2
I. ALLEGATION:
That, Barbara Coccari, violated the following sections of the
Public Officials and Employees Ethics Law (Act 9 of 1989) , when she
directed purchases for the food bank from a company she operates
and subsequently authorized payment to that company; when she
transferred $50,000 from a food bank account to her private
consulting account; and, when she authorized payments from
authority accounts to herself:
Section 3(a) of Act 9 of 1989 provides:
Section 3. Restricted Activities
(a) No public official or public
employee shall engage in conduct that
constitutes a conflict of interest. 65 P.S.
§403(a).
(c) No public official, public employee
or nominee or candidate for public office
shall solicit or accept, anything of monetary
value, including a gift, loan, political
contribution, reward, or promise of future
employment based on any understanding of that
public official, public employee or nominee
that the vote, official action, or judgment of
the public official or public employee or
nominee or candidate for public office would
be influenced thereby. 65 P.S. §403(c).
That Barbara Coccari, in her position with the Greene County
Food Bank, violated the below cited provisions of the Public
Official and Employee Ethics Law, Act 170 of 1978 as amended by Act
9 of 1989 and Act 170 of 1978 when she used her position to
transfer funds from Food Bank accounts to bank accounts in her name
or the name of her private business enterprise; when she used funds
from the Food Bank to purchase certificates of deposit in her name
or the name of her private business enterprise; when she deposited
funds belonging to the Greene County Food Bank into her personal
bank accounts or the accounts of her private business enterprise,
and when she used Greene County Food Bank funds for her personal
benefit or the benefit of her private business enterprise.
Section 3. Restricted Activities
(a) No public official or public
employee shall engage in conduct that
constitutes a conflict of interest. 65 P.S.
§403(a).
Coccari, 92- 031 -C2
Page 3
Act 9 -1989
II. FINDINGS:
A. PLEADINGS:
Section 2. 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. "Conflict" or "conflict
of interest" 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 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 P.S. §402.
Act 170 -1978
Section 3. Restricted Activities.
(a) No public official or public employee
shall use his public office or any
confidential information received through his
holding public office to obtain financial gain
other than compensation provided by law for
himself, a member of his immediate family, or
a business with which he is associated. 65
P.S. §403(a).
Section 2. Definitions
"Immediate family." A parent, spouse,
child, brother or sister. 65 P.S. §402.
1. Barbara Coccari served as the Program Administrator/
Coordinator of the Greene County Community Food Bank.
a. Barbara Coccari also uses her birth name of Barbara
Mooney.
Coccari, 92- 031 -C2
Page 4
b. Coccari served through February, 1992.
2. In this position, Coccari was responsible for oversight and
executive decision - making of the day -to -day operations of the
Greene County Community Food Bank including:
a. The hiring of staff.
b. The procurement of goods and services.
c. Operational control of all Greene County Community Food
Bank funds.
3. The Greene County Community Food Bank was originated in 1980
as a community effort.
4. Barbara Coccari served as secretary of the Food Bank board at
in 1985.
a. The By -laws called for the Greene County Community Food
Bank to consist of between 11 and 15 board members.
5. The county received state funding for the operation of the
Greene County Community Food Bank through the execution of a
°grantee certification" or grant agreement.
a. Such an agreement was executed for each year that state
funding was received.
b. Pursuant to said agreements, the county must identify the
county coordinating or lead county agency that will
operate the food purchase program.
c. The county commissioners designated the Greene County
Community Food Bank as the county's lead agency in each
year that funding was received through 1992.
d. Two of the county commissioners were required to execute
the agreements.
6. The County Commissioners were responsible for establishing a
separate bank account /fiscal reporting system for state
grants.In each year that the county entered into a grant
agreement with the Commonwealth of Pennsylvania, the county
was required to submit a plan for the utilization of the state
funds.
a. As part of that plan the commissioners must designate
representatives to coordinate the execution of the plan.
7. Between the years 1984 and 1992, the Greene County Food Bank
Coccari, 92- 031 -C2
Page 5
maintained the following bank accounts:
Account Name
a. Greene County
Community Food Bk.
b. Greene County
Community Food Bk.
c. Greene County
Community Food Bk.
(Turkey Fund)
d. Greene County
Community Food Bk.
FEMA
e. Greene County
Bank D.C.A.
f. Greene County
Food Bank
g.
h.
j.
Greene County
Community Food Bk.
Greene County Food Community Bank
Bank USDA Commodities
Program
i. Greene County
Food Bank
Bank Account No.
Gallatin/ 70 -70212 Checking
Integra
First Federal 010858 Checking
Savings & Loan Assoc.
of Greene County
First Federal 541723 Savings
Savings & Loan Assoc.
of Greene County
First Federal 40954 Checking
Savings & Loan Assoc.
of Greene County
Checking
Savings
First National 025451 Savings
Bank /Bank One
1004417 Checking
Food First Federal 10627480
Savings & Loan Assoc.
of Greene County
First Bank/ 025451
Huntington Bk.
Community Bank 800059
Greene County Food Community Bank 10 -06404
Bank Payroll Account
Savings
Checking
8. Barbara Coccari /Mooney was the sole signature authority for
the accounts identified in 7.c,e,f,g,h and i.
9. Barbara Coccari was one of two signature authorities for
accounts identified in 7.a,b,d,j.
10. During the years 1988 through 1992, more than $500,000.00 was
deposited into the Greene County Community Food Bank, bank
accounts.
11. Funds deposited into the Greene County Community Food Bank
accounts emanated from a number of sources including:
Type
Coccari, 92- 031 -C2
Page 6
The Commonwealth of Pennsylvania
Greene County
Greene County Human Services
Shared maintenance fees (transportation costs assessed
participating pantries at a cost /pound).
Private donations
12. During the years from 1988 through and including 1992, the
Greene County Community Food Bank received approximately
$286,242 from the Commonwealth of Pennsylvania in funding and
reimbursement.
13. During the years from 1988 through and including 1992, the
Greene County Community Food Bank received approximately
$93,924 from Greene County and the Greene County Department of
Human Services.
14. The Greene County Community Food Bank received approximately
$13,750 from the United Way.
15. The following findings relate to the Greene County Community
Food Bank savings account (no. 800059) at the Community Bank
of Carmichaels. (Finding 7(i))
16. Records of the foregoing account (no. 800059) indicate that on
September 27, 1991, Barbara Coccari withdrew $15,750
therefrom:
a. On that same day Barbara Coccari utilized the funds to
purchase a cashier's check no. 25827 in the amount of
$15,000.
b. The $15,000 cashier's check was made payable to Community
Service Program.
17. Records of the Integra Bank (Gallatin) indicate that on
September 27, 1991, the $15,000 cashier's check identified in
finding 16(a) above was utilized to purchase a certificate of
deposit no. 24600042326.
a. The certificate of deposit was placed in the name of
Community Service Program.
b. Barbara Coccari was the sole signatory for this
certificate of deposit.
18. On March 16, 1992, the $15,000 certificate of deposit was
surrendered by Barbara Coccari to the Greene County Food Bank.
19. Records of the previously identified Greene County Food Bank
savings account (no. 800059) at the Community Bank of
Coccari, 92- 031 -C2
Page 7
Carmichaels indicate that on November 5, 1991, Barbara Coccari
withdrew $5,750 therefrom:
a. Coccari used $5,000 of that withdraw to purchase a
cashier's check no. 25891, on November 6, 1991.
b. The cashier's check was made payable to Community
Services Program.
20. Records of the Community Service Program Bank account (no. 70-
74352) at the Integra (Gallatin) Bank confirm that on November
6, 1991, the $5,000 cashier's check was deposited therein.
21. On the same day, November 6, 1991, Barbara Coccari issued a
check from the Community Service Program account no. 70 -74352
to John Howard Chrysler Plymouth Jeep Eagle, Inc. in the
amount of $5,000.
22. Records of John Howard Chrysler Plymouth Jeep Eagle confirm
that the $5,000 check was a partial payment for the purchase
of a 1992 Dodge Shadow ES automobile.
a. The price of the vehicle (less rebate) was $13,552 with
taxes.
b. Coccari was credited with a $4,964 trade in.
c. The balance of the vehicle cost was paid with the $5,000
check from Community Service Program and a $3,588 check
from the personal checking account of Dr. Barbara J.
Mooney at the Community Bank of Carmichaels.
d. No loan was used for the purchase of the automobile.
23. Records of the previously identified Greene County Food Bank
account (no. 800059) at the Community Bank of Carmichaels
indicate that on December 9, 1991, Barbara Coccari made a
withdrawal therefrom in the amount of $2,500.
a. On that same date, December 9, 1991, Coccari purchased a
cashier's check no. 25957 in the amount of $2,500 payable
to Citibank.
b. The cashier's check has a notation thereon "Community
Services Program."
c. There is also a handwritten notation on the check "Gene
Coccari" and "4128 -590- 826 - 934."
24. Records of the Citibank Corporation indicate that account no.
4128590826934 is a Mastercard credit account in the name of
Coccari, 92- 031 -C2
Page 8
Gene M. Coccari.
a. Gene M. Coccari is the son of Barbara Coccari's ex-
husband.
b. He resides in West Virginia.
25. Records of the Mastercard account 4128590826934 of Gene
Coccari indicate the following:
a. The credit limit was $3,000 in 1991.
b. Throughout 1991, the balance owed was between $2,000 and
$2,900.
c. Minimum monthly payments between $60 -$70 were made but
purchases were continually made and monthly interest in
excess of $150 accrued.
d. Payments were not made in March or July, 1991, which
resulted in the suspension of card privileges. (In
August a payment was made and privileges restored).
e. In November 1991, an outstanding balance of $2,917.38
existed.
f. The monthly statement for December, 1991, reflects a
$2,500 payment credited to the account.
g. Said payment was made through the cashier's check
identified in finding 23(a) above.
26. None of the purchases made through the above referenced
Mastercard account related to the Greene County Food Bank.
27. Barbara Coccari utilized $2,500 in Greene County Food Bank
funds to pay the Mastercard charge account bill of her
stepson.
a. Barbara Coccari admits she utilized the funds to pay the
Mastercard account of Gene Coccari, but denies that the
funds were GCCFB funds and asserts that the funds were
paid to her as compensation as part of an agreement
between her and the GCCFB association.
28. Records of the previously identified Greene County Food Bank
account (no. 800059) at the Community Bank of Carmichaels
indicate that during the period from January, 1988, through
December, 1991, Barbara Coccari withdrew $17,161.89 in cash
therefrom.
Coccari, 92- 031 -C2
Page 9
29. Records of the previously identified Greene County Bank
account (no. 800059) at the Community Bank of Carmichaels
indicate that on December 24, 1991, a withdrawal was made
therefrom by Coccari in the amount of $4,707.89.
a. This equalled all of the funds in the account which was
thereafter closed.
30. Records of account no. 800059 indicate that on the same day of
the foregoing withdrawal, $4,000 of the funds withdrawn were
utilized to purchase a cashier's check (no. 25985).
a. The cashier's check indicates "closing acct. #800059."
b. The cashier's check was made payable to the "Greene
County Food Bank."
c. The back of the cancelled cashier's check indicates
"Greene County Food Bank deposit only 70- 74352."
31. Account no. 70 -74352 identified on the back of the cancelled
cashier's check was not a Greene County Food Bank account but
was the bank account at the Integra Bank for Community Service
Program, Coccari's personal business account.
a. Records of the Community Service Program account at the
Integra Bank, account no. 70 -74352 confirm that on
December 31, 1991, the $4,000 cashier's check made
payable to the Food Bank was deposited into Coccari's
personal business account.
32. Records of the Community Service Program bank account (no. 70-
74352) at the Integra (Gallatin) Bank indicate that checks
made payable to the Greene County Food Bank by various groups
or individuals were deposited therein by Barbara Coccari as
follows:
Deposit Date
07/18/91
07/18/91
07/18/91
07/18/91
07/18/91
G.A.R.C.
Source
Jefferson Community
Food Bank $ 28.85
United Methodist
Church Food Bank $ 158.01
Valley Chapel
Methodist Church $ 79.78
West Union Church
Amount Comment
$ 126.18
Coccari, 92- 031 -C2
Page 10
Food Bank $ 57.33
08/02/91 G.A.R.C. Rangers $ 121.24
08/02/91 West Union Church
Food Bank $ 57.76
08/02/91 United Methodist
Church Food Bank $ 78.99
08/02/91 Greene Valley
Presbyterian Church $ 32.50
08/02/91 Greene Valley
Presbyterian Church $ 2.70
08/02/91 Greene Valley
Presbyterian Church $ 46.84
08/02/91 Charles M. &
Maria J. Walker $ 41.44
08/02/91 Greene County $ 13.95
08/07/91 Valley Chapel
Methodist Church $ 68.61
08/07/91 Bates Fork
Baptist Church $ 18.24
08/07/91 CBM Ministries Inc. $ 36.55
08/07/91 AMI Inc. of Washington
Greene Counties $ 15.04
09/20/91 Greene County $ 18.00
09/20/91 American Legion
Post 330 $ 1,000.00
09/20/91 Jefferson Community
Food Bank $ 40.00
09/20/91 Charles J. &
Karen Brashear $ 45.00
12/04/91 AFSCME Local 2249 $ 50.00
12/04/91 Machine Tool
Service $ 50.00
12/04/91 Kenneth &
Coccari, 92- 031 -C2
Page 11
Frances Tompkins $ 50.00
12/04/91 Alltel Corp $ 100.00
12/04/91 Knights of Columbus
Council 3569 $ 500.00
12/04/91 First Presbyterian Church
of Waynesburg $ 200.00
12/04/91 Commonwealth of PA $ 1,649.06
12/31/91 Louis F. Leathers $ 20.00
01/17/92 First Presbyterian
Church $ 100.00
01/17/92 First Presbyterian
Church $ 268.00
01/17/92 Commonwealth of PA $ 1,074.32
TOTAL $ 6,148.39
Barbara Coccari denies that she deposited any of the
above checks other than those deposits indicated by
n * * "
a. * Checks bear stamp on back "for deposit only Gallatin
National Bank Greene County Food Bank 70- 70212."
b. ** Checks bear stamp on back "for deposit only Greene
County Food DCA Community Food Bank 3010027480."
c. * ** Checks bear hand written notation on back "Greene
County Community Food Bank 70 -74352 for deposit only."
33. Although all of the checks identified in the foregoing finding
were made payable to the Greene County Community Food Bank,
the funds were deposited into the personal business account of
Barbara Coccari.
a. Coccari denies that the checks were deposited into a
personal business account.
34. Although the account numbers stamped on the back of checks
identified in finding 32(a -b) were official Food Bank
accounts, the funds were not deposited into said accounts.
a. Coccari admits to the above but denies that the error
involved her.
Coccari, 92- 031 -C2
Page 12
35. Although the back of the checks identified in finding 32(c)
indicated that the funds were to be paid to the Food Bank, the
account number written thereon was that of Community Service
Program, Coccari's personal business account.
a. Coccari admits the above but denies that the Community
Service Program is her personal business account.
36. All of the sources of funds identified in finding 32 above
specifically made payment to the Greene County Food Bank and
intended the funds to be utilized for Food Bank purposes.
a. None of the sources of these payments intended the funds
to go to Barbara Coccari personally or to her private
business enterprises.
b. Some of the payments were donations to the Food Bank.
c. The payments from the Commonwealth of Pennsylvania
(12/04/91 and 1/17/92) were reimbursements to the Food
Bank for incurred expenses.
1. In February, 1992, Coccari issued a check to the
Greene County Community Food Bank (USDA) from
Community Services Program in the amount of
$1,649.06, the amount of the 12/04/91 check.
37. All of the checks identified in finding 32 were endorsed in a
manner that would give the appearance that said checks were
deposited into an official Greene County Food Bank account
when in reality they were deposited into Coccari's personal
business account.
a. Coccari admits to the above but denies that the checks
were deposited into her personal business account.
38. $1,649.06 of the funds identified in finding 32 was repaid to
the Food Bank in 1992.
39. The checks identified in finding 32 above payable to the Food
Bank but deposited into Barbara Coccari's account were not
part of Coccari's authorized compensation.
40. Records of the Integra Bank indicate that the following checks
were deposited into the Community Service Program bank account
(No. 74352):
Date Pavor Payee Amount
02/02/92 Patricia Johnson St. Anns Roman $ 25.00
Jane Zumpetta Catholic Church
Coccari, 92- 031 -C2
Page 13
12/16/91 Raymond &
Glenna Strawn
Food Bank
Washington County $ 50.00
Food Bank
41. In relation to the above referenced checks the payment of
$25.00 was a donation to Saint Anns Church Food Bank.
a. Said check was not intended by the donor to be disbursed
to Barbara Coccari's business account.
b. Said check was intended to be a donation to the food
bank.
42. In relation to the above referenced checks to payment of
$50.00 was a donation to either the Washington or Greene
County Food Bank.
a. Said check was donated in memory of Camilla Stockdale and
Morris Strawn.
b. Said check was not intended by the donor to be disbursed
to Barbara Coccari's personal business account.
c. Said check was intended to be a donation to the food
bank.
43. The following findings relate to the Greene County Food Bank
account, no. 01025451, at the First Bank (Bank One of the
Huntington National Bank), (formerly at First National Bank
and Trust Company) . (see finding 7 (f -g) .
44. The signatory authorities for the account were Barbara Coccari
or Patricia D. Peck.
a. Patricia D. Peck was an employee of the Greene County
Food Bank.
45. Records of the foregoing account, no. 01025451 indicate that
on March 15, 1991, a withdrawal was made from the account by
Barbara Coccari in the amount of $50,000.
46. On the same day as the $50,000 withdraw, a certificate of
deposit (no. 003302) was purchased by Barbara Coccari in the
amount of $50,000 at the First Bank N.A.
a. The certificate was in the name of Greene County
Community Services.
b. The sole signatory for the certificate of deposit account
was Barbara Coccari.
Coccari, 92- 031 -C2
Page 14
c. The term of the certificate of deposit was for six months
with a maturity date of September 13, 1991.
47. On September 13, 1991, the maturity date of the $50,000
certificate of deposit, Barbara Coccari cashed in the
certificate of deposit and utilized the funds as follows:
a. A certificate of deposit (no. 003449) in the amount of
$15,000 was purchased at the First Bank N.A.
b. A certificate of deposit (no. 003448) in the amount of
$35,000 was purchased at the First Bank N.A.
48. Both of the certificates of deposits referenced in finding 47
above were purchased on September 13, 1991.
a. Both certificates of deposit were purchased in the name
of Greene County Community Services.
b. The sole signatory for the certificates of deposit is
Barbara Coccari.
c. The terms of the certificates of deposit were for 36
months with a maturity date of September 13, 1994.
49. At the time of maturity the original certificate of deposit in
the amount of $50,000 (Finding 46(c)) had earned $1,570.36 in
interest.
a. On September 23, 1991, the interest ($1,570.36) was
deposited into the previously identified Greene County
Food Bank account no. 01025451.
b. On that same day, September 23, 1991, Barbara Coccari
withdrew that amount $1,570.36 from the Greene County
Food Bank account.
c. The funds were then utilized to open up a new bank
account at the First Bank N.A. (no. 720 - 001538) on
September 24, 1991.
d. The new account was in the name of Greene County
Community Services.
e. The sole signatory for the account is Barbara Coccari.
50. Neither Greene County nor the Greene County Food Bank operate
an entity known as Greene County Community Services.
51. On March 2, 1992, based upon the filing of a petition by the
office of the Greene County Controller in the County Court of
Coccari, 92- 031 -C2
Page 15
Common Pleas, an order was issued to the First Bank N.A.
(Huntington Bank) to freeze certificates of deposit nos.
003449 and 003448.
a. On March 16, 1992, Barbara Coccari surrendered to the
Greene County Food Bank certificates of deposit nos.
003449 and 003448 as well as bank account no. 720 00
1538.
52. Records of the previously identified bank account (no.
01025451) at First Bank indicate that on January 28, 1992, a
withdraw was made therefrom by Barbara Coccari in the amount
of $2,550.00.
a. This withdrawal was made
53. The following findings relate
account under the name Greene
(account no. 010858) at the
Association of Greene County.
in cash.
to the Greene County Food Bank
County Food Assistance Program
First Federal Savings & Loan
(See finding 7(b)).
54. This account was a checking account and Barbara Coccari was
one of the signatories for this account.
55. Records of the foregoing account (010858) indicate that three
checks were issued to an entity known as the Warehouse as
follows:
Date Amount
03/15/91 $ 3,674.45
05/20/91 $ 1,365.00
06/13/91 $ 1,381.05
TOTAL $ 6,420.50
56. Barbara Coccari was one of two signatories on all three
checks.
57. Records of the Union National Bank (Integra) indicate that all
three checks referenced above were deposited into an account
maintained there.
a. That account no. 0740000835 was in the name of Barbara
Mooney DBA, the Warehouse, P.O. Box 152, Washington, PA.
b. The account was opened in November, 1990, and the sole
signatory was Barbara Mooney.
c. Barbara Mooney is the former name of Barbara Coccari.
d. A sole proprietorship authorization form dated November
16, 1990, filed in relation to this account indicates
Coccari, 92- 031 -C2
Page 16
that the warehouse is an unincorporated business owned
entirely by Mooney.
e. The only deposits into this account were the three checks
noted above (Finding 55) and one additional check in the
amount of $25.00 from the personal account of Dr. Barbara
J. Mooney.
1. This check ($25.00) was dated November 26, 1990,
and was used as the initial deposit to open the
account.
f. The deposited funds remained in the account until April,
1992.
58. Records on file with the Greene County Food Bank included
three undated invoices for the purchase of food.
a. The above invoice figures coincide with the checks issued
to the warehouse.
59. No foods were purchased at the time the checks to the
warehouse were issued.
60. On April 6, 1992, a withdrawal in the amount of $6,649.29 was
made from the account by Barbara Mooney. This equaled the
total funds in the account.
61. Records of the Union National Bank (Integra) indicate that the
withdrawn funds $6,649.29 were used to purchase a cashier's
check no. 234545 (Integra) in said amount.
a. Said check was made payable to Save -A -Lot.
62. Representatives of Save -A -Lot confirmed that in May, 1992,
Coccari used the Cashier's check for $6,649.29 plus a check in
the amount of $576.50 from Community Service Program to
purchase food for the Food Bank.
a. This purchase was made more than a year after Coccari
took the funds.
63. The Greene County Food Bank maintained a bank account titled
"Greene County Food Bank USDA Commodities Program" at the
Community Bank of Carmichaels (No. 10- 04417). (See Finding
7(h)).
a. Barbara Coccari was the sole signature authority for this
account.
64. Records of the Greene County Food Bank USDA Commodities
Coccari, 92- 031 -C2
Page 17
Program account indicate the following checks issued to
Community Service Program:
Date Check Nimber Amount
01/04/88 522 $ 150.00
01/29/88 529 $ 200.00
02/16/88 541 $ 200.00
03/14/88 549 $ 200.00
04/14/88 562 $ 200.00
05/16/88 569 $ 200.00
06/09/88 575 $ 200.00
07/15/88 584 $ 250.00
08/26/88 599 $ 250.00
09/15/88 604 $ 250.00
02/01/89 633 $ 800.00
02/01/89 634 $ 200.00
02/15/89 638 $ 200.00
04/14/89 663 $ 200.00
05/15/89 676 $ 200.00
06/15/89 688 $ 200.00
07/13/89 694 $ 200.00
08/03/89 701 $ 200.00
08/30/89 712 $ 200.00
11/21/89 743 $ 200.00
11/21/89 744 $ 200.00
01/18/90 761 $ 200.00
02/15/90 768 $ 200.00
03/09/90 773 $ 200.00
04/20/90 783 $ 200.00
05/24/90 798 $ 200.00
06/13/90 803 $ 200.00
07/23/90 808 $ 200.00
08/24/90 816 $ 200.00
10/09/90 827 $ 200.00
10/26/90 835 $ 200.00
12/26/90 847 $ 200.00
01/15/91 849 $ 200.00
01/31/92 989 $ 150.00
65. All of the foregoing checks were signed by Barbara Coccari.
66. An internal ledger from the Greene County Community Food Bank
indicates that most of the above referenced payments were for
"occupancy ".
67. All of the foregoing checks were deposited into the Community
Service Program bank account (No. 70- 74352) at the Integra
(Gallatin) Bank
68. The total amount of funds disbursed by Coccari from the Greene
County Food Bank USDA Commodities account was $7,650.00.
Coccari, 92- 031 -C2
Page 18
69. The Greene County Food Bank maintained a bank account at the
Gallatin (Integra) Bank (account no. 70- 70212). (See Finding
7 (a)) .
a. Barbara Coccari had signature authority for this account.
70. Records of the Greene County Food Bank account at the Gallatin
Bank indicate the following checks issued to Community Service
Program:
Date
12/15/87
01/11/88
01/29/88
02/11/88
04/14/88
05/13/88
06/09/88
07/15/88
08/26/88
09/15/88
02/01/89
02/11/89
02/13/89
03/15/89
04/14/89
05/15/89
06/15/89
07/13/89
08/03/89
08/30/89
10/12/89
12/12/89
01/18/90
02/15/90
03/19/90
04/20/90
05/24/90
06/13/90
07/23/90
08/27/90
10/26/90
09/24/90
01/15/91
02/18/91
01/31/92
02/13/92
Check Number
251
253
256
262
268
270
277
279
282
284
295
296
298
252
256
260
264
266
268
274
128
133
137
138
141
147
148
301
305
308
312
322
325
366
372
Amount
$ 125.00
$ 250.00
$ 250.00
$ 250.00
$ 250.00
$ 250.00
$ 250.00
$ 250.00
$ 250.00
$ 250.00
$ 600.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 400.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 200.00
$ 300.00
$ 150.00
71. All of the foregoing checks issued to Community Service
Program were signed by Barbara Coccari and James Dunn, a
member of the Food Bank Board of Directors.
Coccari, 92- 031 -C2
Page 19
72. All of the foregoing checks were deposited into the Community
Service Program Bank account (No. 70- 74352) at the Integra
(Gallatin) Bank.
73. The total amount of funds disbursed by Coccari from the Greene
County Food Bank account referenced in Finding 70 above was
$8,225.00.
74. Barbara Coccari also issued a check in the amount of $340 (no.
167) from the Greene County Community Food Bank DCA Account
(no. 10627480) to Community Service Program on August 30,
1991.
a. This check indicates that it was payment for six months
utility costs.
75. Records of the Greene County Community Food Bank D.C.A.
account maintained at the First Federal Savings and Loan
Association of Greene County (No. 27480) indicate that two
checks were written to Barbara Kirby as follows:
Date Check Number Amount
08/08/91 162 $ 220.00
08/23/91 163 $ 220.00
76. Barbara Kirby is the wife of James Kirby who was a Greene
County Food Bank employee at that time.
77. Barbara Coccari had sole signature authority for the D.C.A.
account referenced in Finding 74 above.
a. Coccari signed both checks to Kirby.
78. The checks represented a loan from the Food Bank to Barbara
Kirby.
a. Barbara Coccari authorized this loan.
79. Records of the Community Service Program bank account at the
Gallatin (Integra) Bank (account no. 70- 74352) indicate that
the following check was deposited therein:
Deposit Check Check
Date Date Number
Pavor
Payee Amount
09/03/91 08/30/91 167 Barbara Kirby Community $ 440.00
Service Program
80. The above check was written on the account of James F. Kirby,
Jr. and Barbara T. Kirby (No. 7057456) at the Integra
(Gallatin) Bank.
Coccari, 92- 031 -C2
Page 20
a. The check was signed by Barbara Kirby.
b. The Notation in the memo section of the check indicated
"loan repayment ".
81. Barbara Coccari used Greene County Food Bank funds in the
amount of $440.00 to make a loan to Barbara Kirby.
82. From 1986 through November, 1990, the Greene County Community
Food Bank paid for a Commercial General Liability insurance
policy.
a. The policy covered personal liability and injury to
individuals as well as fire.
(1) Coccari admits that the GCCFB average included
general liability and special product liability but
denies that the policy covered fire.
b. The policy was in the name of Community Services of
Greene County.
83. The building at 243 East High Street was owned by Coccari.
84. The insurance premium was $150 per year.
85. Records of several Greene County Community Food Bank accounts
indicate a number of checks issued to a C.R. Ashe or Cooper
Ashe.
86. C.R. Ashe was a name used by William Elwood, a friend of
Barbara Coccari.
a. Ashe /Elwood performed certain services for the Food Bank.
87. The following checks were made payable to C.R. or Cooper Ashe
from the Greene County Community Food Bank U.S.D.A.
Commodities Program No. 1004417 at the Community Bank of
Carmichaels:
CHECK DATE NUMBER PAYEE AMOUNT
a. 03/09/89 (651) Cooper Ashe $ 9.54
NOTE: This check was issued by Barbara Coccari and
co- endorsed by C.R. Ashe and Barbara Mooney.
b. 07/14/89
(698) C.R. Ashe
$ 55.50
NOTE: This check was issued by Barbara Coccari and
co- endorsed by C.R. Ashe and Barbara Mooney.
Coccari, 92- 031 -C2
Page 21
d. 03/27/91
The check was deposited into the personal
account of Dr. Barbara J. Mooney (No. 12-
04103) at the Community Bank of Carmichaels.
c. 11/21/89 (740) C.R. Ashe $ 65.00
NOTE: This check was issued by Barbara Coccari and
endorsed by C.R. Ashe. The check was
subsequently deposited into an account in the
name of Moonwood Productions at the Community
Bank of Carmichaels (No. 709204). This
account was for a sole proprietorship for
which Barbara J. Mooney had signature
authority.
874 C.R. Ashe
NOTE: This check is endorsed by Cooper Ashe and
deposited into the bank account of Community
Service Program (No. 7074352). The check was
issued by Coccari.
89. The following checks were issued to Cooper and C.R. Ashe from
the Greene County Community Food Bank payroll account (No. 10-
06404) :
NOTE: This check was issued by Barbara Coccari and
endorsed by C.R. Ashe and Barbara Mooney.
NOTE: This check was issued by Barbara Coccari and
co- endorsed by C.R. Ashe and Barbara Mooney.
$ 70.00
NOTE: This check wa co- endorsed by C.R. Ashe and
Patricia D. Peck.
88. The following checks were issued to C.R. or Cooper Ashe from
the Greene County Community Food Bank D.C.A. account at the
First Federal Savings & Loan Association of Greene County (No.
10027480).
CHECK DATE NUMBER PAYEE AMOUNT
a. 07/29/91 161 C.R. Ashe $ 200.00
b. 08/30/91 166 Cooper Ashe $ 150.00
CHECK DATE NUMBER PAYEE AMOUNT
a. 10/31/88 265 C.R. Ashe $ 100.50
b. 11/30/88 273 C.R. Ashe $ 201.00
Coccari, 92- 031 -C2
Page 22
c. 03/16/89
NOTE:
d. 03/31/89
NOTE:
e. 04/28/89
NOTE:
313 C.R. Ashe
This check was issued by Barbara Coccari and
co- endorsed by C.R. Ashe and Barbara Mooney.
318 C.R. Ashe
This check was issued by Barbara Coccari and
co- endorsed by C.R. Ashe and Barbara Mooney.
332 C.R. Ashe
$ 80.00
$ 88.00
This check was issued by Barbara Coccari and
co- endorsed by C.R. Ashe and Barbara Mooney.
90. All of the checks issued to C.R. or Cooper Ashe were done so
by Barbara Coccari.
91. Most of the checks issued to C.R. or Cooper Ashe were co-
endorsed for cashing by Barbara Coccari using the name Barbara
Mooney.
92. Some of the checks issued by Coccari and co- endorsed by her to
C.R. or Cooper Ashe were deposited into personal bank accounts
of Barbara Coccari /Mooney.
a. Barbara Coccari asserts that the checks were deposited
into her account after she cashed them for Ashe.
93. Several Greene County Food Bank checks were issued to an
entity known as Moonwood Productions.
a. Moonwood Productions maintained several bank accounts for
which Barbara Coccari /Mooney had signature authority.
b. Moonwood Productions was a business started by Barbara
Coccari and several other individuals.
94. The following checks were written to Moonwood Productions from
the Greene County Community Food Bank:
a. CHECK NUMBER DATE ACCOUNT AMOUNT
286 09/15/88 70 -70212 $ 225.00
1. This check was co- signed by Barbara Coccari and
Lance Dunn. The check was deposited into an
account in the name of Moonwood Productions at the
First Federal Savings & Loan Association of Greene
County (No. 5- 41528).
2. The sole signator for this account was Barbara
70.00
Coccari, 92- 031 -C2
Page 23
Mooney.
b. CHECK NUMBER DATE ACCOUNT AMOUNT
06/01/89 70 -70212 $ 45.00
1. This check was signed by Barbara Coccari and
deposited into the above identified account of
Moonwood Productions (No. 709204) at the Community
Bank of Carmichaels.
c. CHECK NUMBER DATE ACCOUNT AMOUNT
736 11/10/89 10 -04417 $ 50.00
1. This check was signed by Barbara Coccari and
deposited into an account in the name of Moonwood
Productions at the Community Bank of Carmichaels
(No. 709204).
2. The sole signator for this account was Barbara
Mooney.
95. Barbara Coccari had hired Moonwood Productions to paint the
Food Bank truck and perform calligraphy services.
a. Coccari did this in her position of Food Bank director.
96. A number of checks were issued from various Greene County
Community Food Bank accounts directly to Barbara
Coccari /Mooney as follows:
a. CHECK NUMBER DATE ACCOUNT AMOUNT
617 11/10/88 10 -04417 $ 150.00
628 12/09/88 10 -04417 $ 24.00
1. These checks were issued by Barbara Coccari and
deposited into the personal account of Dr. Barbara
J. Mooney. The checks indicate travel expenses and
reimbursement.
b. CHECK NUMBER DATE ACCOUNT AMOUNT
735 11/15/89 10 -04417 $ 60.00
1. This check was issued by Barbara Coccari and made
payable to Barbara Mooney.
c. CHECK NUMBER DATE ACCOUNT AMOUNT
741 11/21/89 10 -04417 $ 60.00
1. This check was issued by Barbara Coccari and made
payable to cash. The check is endorsed by Barbara
Mooney. The check indicates "gas F.S. D Day ".
Coccari, 92- 031 -C2
Page 24
d. CHECK NUMBER DATE ACCOUNT AMOUNT
155 05/31/91 100627480 $ 100.00
1. This checks was issued by Barbara Coccari to cash
and deposited into the personal account of Dr.
Barbara J. Mooney.
e. CHECK NUMBER DATE ACCOUNT _ AMOUNT
191 12/18/91 100627480 $ 250.00
f. CHECK NUMBER DATE ACCOUNT AMOUNT
197 12/30/87 10 -06404 $ 787.80
g•
1. This check was issued by Barbara Coccari to cash
and endorsed by Barbara Coccari.
1. This check was issued by James Dunn to Barbara
Mooney. The check is endorsed by Barbara Mooney.
CHECK NUMBER DATE ACCOUNT AMOUNT
253 08/31/88 10 -06404 $ 283.00
1. This check was issued by James Dunn payable to
Barbara Mooney. The check is endorsed by Barbara
Mooney and deposited into the account of Community
Service Program.
97. The total amount of checks made payable to Barbara
Coccari /Mooney as outlined above (Finding 96) equalled
$1,714.80.
98. $1,714.80 in checks was issued from various Greene County Food
Bank accounts to Barbara Coccari and /or Barbara Mooney. (see
Findings 96 to 97).
99. Coccari makes the following arguments:
a. The allegation fails to state a cause of action or basis
for investigation under Act 170 of 1978 and /or Act 9 of
1989.
b. Coccari is not a public official /employee under the
Ethics Law.
c. The investigation is barred by the statute of
limitations.
d. The Greene County Commissioners caused, contributed to,
acquiesced in and condoned the actions of Coccari.
e. Coccari rendered administrative duties to the Greene
Coccari, 92- 031 -C2
Page 25
County Community Food Bank from 1980 to 1992 and did not
receive compensation for such services.
B. TESTIMONY AND EXHIBITS:
100. Cheryl Christopher is the custodian of records of the Corner
Cupboard Food Bank (CCFB) which is the successor organization
of the Greene County Community Food Bank (GCCFB).
a. Investigative Division (ID) 31 is a job description for
the GCCFB administrator.
g.
b. ID 27 is a financial report for the years 1986
mid 1991 from the records of the GCCFB.
c. ID 25 is a letter from Coccari to Donald J. Hess
United Way of Southwestern Pennsylvania donor
section from the records of the GCCFB.
d. A review of the minutes
authorization by the
contracts for Coccari
(CSP) .
e. A search of GCCFB records resulted in a finding of no
executed contracts, agreements, no executed
authorizations for payment as to compensation or
contracts with Coccari or CSP.
f.
through
of the
option
of the GCCFB do not reflect any
board as to compensation or
or Community Services Program
(1) There was not any GCCFB savings account No. 80059
at Community Bank of Carmichaels.
Christopher was hired by the Greater Pittsburgh Food Bank
(GPFB) as the Acting Director of GCCFB.
(1) GCCFB changed its name to CCFB.
(2) The food bank was shut down for several months
before Christopher stepped in.
(3) Christopher renewed operations in August, 1992.
(4) Monies previously held by GCCFB were frozen by the
Court.
The salary of Christopher was set by the board of GPFB as
per a signed agreement.
101. Robert Caruso is the Deputy Executive Director and Director of
Investigations of the State Ethics Commission.
Coccari, 92- 031 -C2
Page 26
a. Investigations are started by the receipt of a signed,
sworn complaint or by own motion of the Executive
Director.
b No member of the State Ethics Commission plays any role
in determining whether an investigation is initiated.
(1) No Commission member plays any role in an
investigation.
(2) No Commission member has any access to the
investigative files.
(3) No Commission member plays any part in drafting the
investigative complaint.
c. ID 5 is a redacted photocopy of the signed sworn
complaint filed against Coccari.
(1) The complaint was docketed on April 7, 1992.
d. ID 1 is the notice of investigation to Coccari.
(1) The notice was issued June 5, 1992 via certified
mail.
e. The investigation was not completed in 180 days and two
90 -day extensions were obtained.
(1) The investigation was completed within the second
90 -day extension.
f. ID 2 is an amended notice of investigation.
(1) The amended notice includes investigating
allegations against Coccari under both Act 170 of
1978 and Act 9 of 1989.
g. ID 6 is a compilation of the 90 -day notice letters sent
to Coccari.
h. ID 3, 4 are letters outlining the various documents
provided to Coccari's attorney.
i. ID 12 includes a cashier's check withdrawn from the food
bank account in 1991 and deposited in a Certificate of
Deposit (CD) account in CSP.
(1) CSP was Coccari's consulting service for activities
that she independently performed.
Coccari, 92- 031 -C2
Page 27
(2) Coccari admitted that the $5000.00 that went into
the CSP bank account was used to purchase a vehicle
as to CSP which was her personal entity.
(3) The CSP account was acknowledged by Coccari as her
personal business account.
(4) The net effect of Coccari's action was to withdraw
$15,000 from the food bank account and purchase a
CD for CSP which was Coccari's personal account.
ID 13 includes a photocopy of a cashier's check drawn on
a food bank account payable to CSP for $5,000.00
deposited on November 7, 1991.
(1) On November 8, 1991 a check in the amount of
$5,000.00 was written from the account of CSP under
the signature authority of Coccari.
(a) The $5,000.00 was used in whole or part to
purchase a vehicle from John Howard Chrysler
Plymouth for Coccari's personal use.
k. ID 14 entails the withdrawal of $2,500.00 from a GCCFB
account for the purchase of a cashier's check in the
amount of $2,500.00 which was used to make a payment on
a Citibank Visa Card.
(1) The Visa card was the credit card of Gene Coccari.
(a) Gene Coccari is the son of Coccari's former
husband.
(2) The net effect of the above transaction was that
Coccari took $2,500.00 from the GCCFB account to
make a payment on the credit card balance of her
former husband's son.
1. ID 15 entails the withdrawal by Coccari of $4,000.00 from
the GCCFB account 80059 on December 24, 1991 and
deposited into her CSP account 74352.
(1) The GCCFB account was closed out by the withdrawal
of $4,707.89.
(2) The $4,000.00 withdrawal was used to purchase a
cashier's check payable to GCCFB.
(a) The check was marked "For Deposit Only."
(b) The check was deposited to an account number
Coccari,, 92- 031 -C2
Page 28
7074352 which is CSP.
(3) Nowhere on the check was the phrase CSP used.
(a) Only the account number would indicate that it
was deposited into the CSP account.
m. Two withdrawals made by Coccari from GCCFB, cash of
$750.00 as to one withdrawal and $707.00 plus change as
to the other, could not be accounted for by Coccari.
n. ID 16 includes deposits to the CSP account 74352.
(1) Deposits include checks payable to GCCFB.
(a) The deposits were not made to the GCCFB
account.
(b) Coccari herself deposited certain of these
checks.
(2) The net effect of the transactions was that GCCFB
checks were deposited into CSP which is the account
of Coccari.
(3) The endorsements on the back of the checks state a
deposit to GCCFB.
o. ID 17 entails a document as to a $50,000 withdrawal by
Coccari from the GCCFB account 901 - 02541031591.
(1) Two CD's were subsequently purchased by Coccari in
the amounts of $15,000.00 and $35,000.00.
(a) The CD's were purchased in the name of Greene
County Community Service (GCCS) and signed by
Coccari.
(b) The tax ID numbers for the two CD's were CSP.
(c) Coccari admitted that the ID number for the
two CD's was the CSP.
(2) Interest of $1,570.36 was earned in the CD.
(a) The interest was deposited into GCCS account
over which Coccari had signature authority.
ID 18 includes documentation as to Coccari for a bank
account named "The Warehouse."
p.
Coccari, 92- 031 -C2
Page 29
q.
(1) The sole proprietorship authorization lists Coccari
as the owner of the account.
(2) The social security number of Coccari is listed as
the taxpayer ID number.
(3) Three checks from the Greene County Food Assistance
Program (GCFAP) were deposited into the Warehouse
account.
(a) A check dated April 25, 1991 in the amount of
$3,674.45 was deposited.
(b) Two checks dated May 20, 1991 and June 13,
1991 totalling $112,746.05 were deposited.
(c) The GCFAP is a GCCFB account.
(d) The funds were subsequently deposited into the
Warehouse account.
(e) Invoices exist from the Warehouse to the GCCFB
for various food items which correspond to the
checks.
(1) The items in the invoices were never in
fact purchased or received by GCCFB.
(2) Coccari admitted that the items were not
delivered to GCCFB.
(f) The funds remained in the Warehouse account
from the time of deposit until early in 1992.
ID 19 includes a monthly account statement for DCA- GCCFB-
CD -DCA account, checks payable to Barbara Kirby, deposits
to CSP and a CSP bank statement.
(1) Two checks each in an amount of $220.00 were made
payable to Barbara Kirby from the Food Bank DCA
account in August, 1991.
(2) On September 3, 1991 a check from James F. and
Barbara T. Kirby in the amount of $440.00 was made
payable to CSP.
(a) The memo portion of the check stated "loan
repayment."
(b) The CSP account number was 7074352.
Coccari, 92- 031 -C2
Page 30
(c) Coccari admitted telling Kirby to make the
check out to the named payee.
r. ID 27 is a financial report covering a five year period
of the GCCFB from 1986 through mid 1991.
(1) 79% to 81% of the funding of GCCFB came from the
federal, state and local government moneys.
s. Coccari was the one person who had signature authority
over GCCFB account 800059.
(1) ID 33 reflects withdrawals from January, 1988
through December, 1991.
(a) $17,105 was withdrawn in cash during that
period as evidenced by withdrawal slips.
(1) The legible slips shows Coccari's
signature.
(2) The disposition of the cash withdrawals
could not be traced.
t. ID 21 entails CSP bank account 74356.
(1) Disbursements were made from the account to pay
utility and other bills of Coccari.
(a) Payments included Coccari's personal telephone
bills.
(b) Payments included the utility companies such
as sewer, water, gas and electric.
(c) Payments were made to Coccari's charge cards,
for a mortgage and to a savings and loan
company.
(d) Smaller disbursements were made from the
account for six months after Coccari left
GCCFB.
u. GCCFB maintained a payroll bank account.
(1) Coccari received $1795 from that account.
v. There were a series of checks ranging in amounts from
$200 to $800 from the GCCFB account to CSP account.
(1) Coccari asserted that the amounts were rent
Coccari, 92- 031 -C2
Page 31
payments.
w. Coccari admitted that CSP was her own account as to which
she balanced the check book and kept the records.
(1) Coccari admitted that she had food bank moneys in
her personal account.
(2) Coccari admitted to a pattern of putting food bank
money in her own account.
(3) Coccari admitted to the Food Bank Board when they
suspended her that she had food bank moneys in her
own checking account.
x. After an investigation was commenced against Coccari, a
90 day status letter, sent to Coccari on or about
September 7, 1993, was returned with an address unknown
notation on the envelope.
(1) The full investigation began on or about June 5,
1992 with a notice of investigation being sent to
Coccari.
y. No determination was made by the Investigative Division
whether any compensation was being paid to Coccari as
administrator for GCCFB.
z. The payments from GCCFB to CSP which Coccari claimed as
rent payments could not be verified due to the absence of
a rental agreement.
aa. As to certain GCCFB checks that were deposited into the
Warehouse account for food purchases, no food was in fact
purchased.
(1) At a later date, food was purchased in an amount
greater than the invoices.
(a) The food bank received the food.
(b) Coccari made up the difference as to the
additional amount to cover the difference.
bb. As to the GCCFB payroll account, salaries or stipends
were paid to certain individuals.
(1) Payments were made to James Kirby and Patty Locy.
(2) Patty Peck and James Kirby sporadically received
payments.
Coccari, 92- 031 -C2
Page 32
(3) Bonnie Smouse received some monies.
cc. Other employees of GCCFB received payments but no
compensation agreements were found for the individuals.
dd. Documents of the GPFB reflect that Coccari was not a paid
employee.
ee. The minutes of the GCCFB do not contain any rental
agreements.
ff. When deposits were made in the Warehouse account, no food
was purchased until approximately ten or eleven months
later.
(1) The purchases occurred at the time Coccari was
being investigated.
gg. ID 20 relates to a document as to a building fund
prepared by Patty Locy.
(1) Coccari told Locy to make the entry.
(2) The entry was made a substantial time after the
actual event occurred at a time when questions were
starting to be raised about how food bank monies
were being spent.
102. Barbara Kirby was a volunteer for the GCCFB.
a. When working for the Greene County Association of
Retarded Citizens (GARC) in July, 1991, funding became
limited.
(1) Kirby asked Coccari for an advance on her salary.
(a) Coccari issued two checks each in the amount
of $220 to Kirby.
(b) Kirby through Check 2920 on her and her
husband's bank account made payment to CSP as
a "loan repayment."
(1) Coccari asked Kirby to make the check
payable to CSP.
103 Sister Audrey Quinn is a member of the Benedictine Order.
a. In 1991, Quinn was affiliated with GCCFB as a foster
parent.
Coccari, 92- 031 -C2
Page 33
b. In January, 1992, Quinn was on the board of GCCFB.
(1) Quinn attended the January board meeting at the
invitation of Coccari.
(a) Statistical financial data was presented by
Coccari. ID -27.
(b) Most of the people left the meeting after
lunch.
c. A meeting about the Warehouse occurred at the Iron
Griddle in February, 1992, attended by Quinn, Coccari,
two men, Wanda Wright, Jack Dunn and possibly Marla
Walker.
(1) The two men inquired about having the GCCFB rent
rooms if they bought a certain property.
(2) After the two men left, Coccari had forms which
would authorize the receipt of a salary or stipend
for her.
(a) The contact was for both past and future
services.
(1) The contract was back dated.
(b) Coccari admitted taking money as compensation
because she said she knew the board would have
approved it.
(c) The contract was not signed by Quinn.
(3) After the meeting, Quinn and others went to the
County Office Building and met with Messrs. Stets
and Rhinehart.
(a) Stets and Rhinehart suggested that Coccari be
suspended until the matter was investigated.
(4) Quinn learned that Coccari was being investigated
at that meeting.
(a) Coccari scheduled that meeting.
104. Marla Walker was affiliated with the GCCFB in January, 1992.
a. Walker attended a meeting at the Iron Griddle in early
1992.
Coccari, 92- 031 -C2
Page 34
(1) Coccari presented a paper that she wanted to have
signed.
(a) Walker refused to sign the paper because she
was not familiar with it.
(b) The paper was back dated.
(c) Coccari stated there was a problem and if the
paper were signed, it would help the
situation.
(d) Two people did sign the paper as Walker
observed.
105. Joyce Rothermel is the Executive Director of the GPFB since
1987.
a. A contractual relationship existed between GPFB and GCCFB
whereby there would be a fair sharing of food that comes
from the national network of food banks.
b. The national network of food banks is called Second
Harvest.
(1) Second Harvest affiliates would be local
distribution agencies.
(2) Smaller local banks are called subsidiary
distributor organizations (SDO).
(a) GCCFB was an SDO.
c. Rothermel as part of her job description did auditing and
monitoring of SDO's.
(1) A report is prepared based upon visits, discussions
and information gathered.
(a) The report checks out the viability of the
SDO.
d. ID 28 is a report completed by Rothermel relative to
GCCFB.
(1) Under the category of paid personnel is James
Kirby, William Locy and Patty Peck.
(2) Rothermel understood that Coccari was not a paid
employee.
Coccari, 92- 031 -C2
Page 35
(3) General category 2 of the report is
"Facility /Equipment."
(a) The report reflects a lease at $250 per month.
(1) Rothermel believed that warehouse space
was donated by the county so that the
rental was for office space.
e. ID 29 reflects under the category of key personnel the
names of Kirby, Locy and Peck.
(1) The bracket around the names signifies paid
personnel.
(2) Coccari was not considered a salaried employee.
f. ID 30 reflects a listing of GCCFB personnel.
(1) Peck and Stanley were full time employees.
(2) Jim (Kirby) was part time.
(3) Coccari was not in a salaried position.
Rothermel learned that Coccari was not salaried when
Rothermel interviewed Coccari.
h. Coccari was knowledgeable in the area of food banking.
g•
i. Rothermel opined that it would be inappropriate to take
food bank moneys and place same into a personal business
account.
106. John Stets is the Greene County Controller.
a. ID 24 are pages of the annual report of the Controller
from 1991.
(1) The report was prepared in an official capacity as
Greene County Controller.
b. Stets characterizes GCCFB as an association to distribute
supplies, food and moneys from state and federal sources.
(1) The county was responsible for the moneys that went
to GCCFB from the state and federal government.
(2) GCCFB was performing a function designated by the
county.
Coccari, 92- 031 -C2
Page 36
c. Stets had an auditor do a general audit of the 1991
accounts of GCCFB.
b.
d.
(1) After conclusions were reached,
attorney and county commissioner's
notified.
d. The Corner Cupboard was originated by Court order.
(1) Certain funds (of the GCCFB) were frozen and others
were placed in a court - ordered escrow account.
107. Richard Kalsey is an insurance broker who is one of the
founders of GCCFB.
a. ID 32 includes an insurance policy that Kalsey underwrote
for CSP.
(1) The insurance
(2)
was general liability.
the district
offices were
The first two groupings were for CSP but the third
was for GCCFP.
(a) The third grouping was done at the request of
the attorney who was reorganizing GCCFB
through the county.
Coccari informed Kalsey that CSP was an umbrella
organization for other organizations like Catholic
charities and GCCFB.
c. Coccari told Kalsey to put the insurance on CSP.
d. GCCFB was originally formed in the early 1980's by four
people as the successor to Community Action.
108. Barry Shutt is employed by the Pennsylvania Department of
Agriculture (PDA) as the Director of the Bureau of Government
Donated Food (BGDF).
a. BGDF receives food commodities
of Agriculture (USDA).
b. Food is distributed to schools,
organizations across the state.
c .
from the U.S. Department
institutions and other
The Emergency Food Assistance Program (TEFAP) gives USDA
commodities to needy individuals.
The State Food Purchase Programs (SFPP) provides cash
grants for the purchase of food to needy individuals.
Coccari, 92- 031 -C2
Page 37
(1) Contacts are made between SFPP and various
boards /commissions in the sixty -seven counties.
(2) Quarterly distribution of funds is made to the
county commissioners.
(3) Funds are appropriated by the General
Appropriations Act.
(4) Grant agreement exist for the years 1989 through
1993 for Greene County.
e. ID 8 relates to the agreement between Greene County
Commissioners and the PDA.
g.
(1) The county will use a lead agency to act in the
county's stead.
(2) Greene County designated GCCFB as its lead agency.
(3) Lead agencies must execute all terms of the
agreement including PDA reviewing their activities.
(4) Lead agencies assume the obligations of the county.
(5) The county may set eligibility requirements in
PDA's.
(6) Officials and employees of the county and lead
agencies are prohibited from entering contracts or
for providing services for profit under the
program.
(7) PDA retains the right to access the records of the
county or designated lead agency.
(8) Greene County Commissioners authorized direct
payment to the lead agency to Gene Lee, the county
chief clerk or Coccari as GCCFB administrator.
(9) The ultimate responsibility for grant funds is the
county.
f. SFPP is a state program and TEFAP and FEMA are federal
programs.
In the agreement with GCCFB, it provides that the county
appointed Gene Lee as representing the county and Coccari
representing the GCCFB.
(1) ID 7, p. 11 GCCFB is designated as a county
Coccari, 92- 031 -C2
Page 38
coordinating agency.
h. The program is monitored by field representatives.
i. Full fledged audits by auditors are done randomly.
109. Jean Smouse was affiliated with the GCCFB.
a. Patty Locy and James Kirby were two employees of GCCFB.
b. Coccari was the person in charge of the GCCFB.
c. Smouse did not have responsibilities as to the finances
or accounts of GCCFB.
d. In approximately the Fall of 1991, Coccari called Smouse
on the telephone.
(1) In the conversation, Coccari accused Smouse of
telling people that Coccari was misappropriating
money.
(2) Smouse told Coccari that she, Smouse, knew about
the Warehouse account.
(3) The following day Coccari spoke to Smouse.
(a) Coccari told Smouse the $50,000 was Coccari's
money but was put in the GCCFB account because
Coccari was going through a divorce.
(b) As to the Warehouse, Smouse told Coccari she
knew about the invoices and check.
(1) Coccari responded that the government
doesn't give enough money and this is a
way to get ahead and put money aside.
(2) Coccari admitted the invoices were not
real but false.
e. Smouse was asked to recreate ledgers that did not exist.
(1) In March, 1992, Smouse observed Patty working on a
ledger.
(a) Patty was making a cash ledger of all cash
received.
f. Smouse first volunteered for the GCCFB and then became
paid for service in February, 1991.
Coccari, 92- 031 -C2
Page 39
g.
Coccari gave Smouse the title of program coordinator.
h. Jim Kirby and Bill Locy were at GCCFB when Smouse was
paid for services.
i. To obtain warehouse space for food, Smouse contacted
people in the township.
(1) A donation of space for the warehouse was sought.
Coccari told Smouse that the GCCFB was broke but Patty
told Smouse there was plenty of money.
k. When certain mail came to GCCFB in the name of CSP,
Smouse became aware of the entity.
1. Smouse learned that the $50,000 was not available for the
purchase of a food bank warehouse when Patty Locy showed
Smouse the withdrawal from the ledger.
(1) Patty showed the ledger to Hilda Aiken.
(2) Smouse talked to Commissioner Mosley and Marian
Ruse at the Red Cross about the withdrawal.
m. Messrs. Stets and Pollock called Smouse in for
questioning about the misappropriation of money at the
GCCFB.
n. Coccari was terminated from the GCCFB in February, 1992.
(1) Coccari suspended Smouse at that time.
o. Smouse was asked to return to the GCCFB by Richard
Rhinehart.
(1) Smouse was salaried until June, 1992 and then
volunteered until January, 1993.
110. Patricia Locy was employed by the GCCFB from 1986 to 1992.
a. The duties of Locy were to keep the books, give food out,
do computer work and reconcile the paper work for the
pantries.
b. Coccari was in charge of the daily operations of the
GCCFB.
c. GCCFB paid money to CSP.
d. The mail for Coccari and CSP would be put in the same box
Coccari, 92- 031 -C2
Page 40
at GCCFB.
e. When Locy was hired, she was advised of her rate of pay
with the GCCFB.
f. Locy was under the impression that GCCFB paid CSP rent
for the building.
Locy stated she had no connection with CSP, CSP accounts
or CSP financial transactions.
h. The ledger entry was made by Locy as to the $50,000.00.
(1) Locy "reconcile[d]" the entry as for the warehouse.
i. Locy had no knowledge of the $50,000 withdrawal until she
saw the bank statement.
g•
(1) When Locy asked Coccari about the withdrawal, Locy
was told by Coccari that it was for the warehouse.
111. Richard D. Rhinehart is employed by Greene County as the
Director of Health Community Service.
a. Greene County in 1991 had responsibility over grants
regarding GCCFB.
b. ID 22 is a request by Rhinehart as to the internal
control measures of GCCFB and as to the basic procedures
and methods of operation.
c. ID 23 is a request by Rhinehart as to information about
the operation of the GCCFB regarding the state repurchase
program.
d. ID 36 is a letter sent to various social agencies to
obtain information so that the county would have input as
to overall human needs.
e. Based on records, Rhinehart understood that GCCFB was not
paying rent for office space.
f. The Human Services Department ensures that contracts are
entered into as to programs and that contractors provide
service.
g. Rhinehart was contacted by the Chief Clerk and County
Commissioners about possible improprieties at the GCCFB.
(1) Rhinehart was subsequently contacted by the county
Comptroller and District Attorney about alleged
Coccari, 92- 031 -C2
Page 41
h. In the summer or fall of 1991, Coccari had one or more
conversations with Rhinehart.
improprieties at GCCFB.
(1) There were discussions about the need for a
warehouse.
(2) The Curry home was discussed as a possible location
for certain human services.
i. Rhinehart was present when Coccari was suspended from her
position with GCCFB.
(1) The board members of GCCFB were present.
(2) John Stets and County Solicitor Bill Smalis were in
attendance.
(3) Coccari received her termination letter dated
February 28, 1992.
Attorney Farley Toothman provided a leadership role in
reorganizing GCCFB.
(1) When Toothman stepped down to run for political
office, Rhinehart took over in May or June, 1992.
(2) In August, Sheila Christopher was hired for
operations as per a contract with GPFB.
k. Rhinehart had prior dealings with Coccari when she worked
for the Washington- Greene County Community Action Agency.
(1) Coccari was under the direct supervision of
Rhinehart for a period of time as assistant
planner.
112. David Pollock is the District Attorney of Greene County since
1988.
a. Pollock interviewed Coccari on several occasions as part
of his official position.
(1) The discussions centered on the activities of the
GCCFB
(a) Pollock made inquiry about funds being placed
in the warehouse account.
(1) Coccari stated that the funds were put
Coccari, 92- 031 -C2
Page 42
into the CD's because they were not
earning adequate interest.
(2) Coccari stated that the warehouse account
was for the purchase of food.
(a) Coccari stated the food was bought
from David Bowers, a truck driver
from Cincinnati, Ohio.
(b) Coccari asserted that by selling
food at a profit, money could be
used to purchase a building to serve
the needs of the food bank.
(3) In a subsequent meeting with Coccari's
attorney present, Coccari admitted she
never got food from Bowers.
(a) Coccari then claimed that the money
was used as a prepayment for food.
(b) Discussions focused on the discrepancy between
withdrawals and produced invoices.
b. Pollock considered the warehouse account to be Coccari's
account to purchase food for resale to GCCFB.
c. Certain food was purchased from the warehouse account in
May, 1992 after the second interview by Pollock of
Coccari with her attorney.
(1) At the second interview, Coccari stated that she
had purchased food.
(a) Invoices were given which were generic in
nature.
113. Barbara Coccari is an individual who holds a bachelor, master
of arts and Ph.D. degrees.
a. Coccari was married between 1973 and 1983.
b. Coccari held various positions in the areas of welfare,
teaching and social service organizations.
c. Coccari is currently employed with a group called
Community Action Southwest.
(1) Coccari is lead manager for the Greene County
Office.
Coccari, 92- 031 -C2
Page 43
j
d. Coccari learned of food banking through Second Harvest,
a group formed to reclaim and distribute food to the
poor.
e. Through Kathleen Sullivan, Coccari became involved with
GCCFB.
(1) A distribution network in Greene County was
contemplated using the churches.
f. When Kathleen Sullivan advised that she could not
continue the project due to the expiration of the grant,
Coccari and others decided there was a need in Greene
County to receive food from the GPFB.
g-
(1) The church groups paid GCCFB a shared maintenance
fee of 10 per pound.
h. In 1984, GCCFB obtained space to store left over food.
i. Under FEMA, GCCFB got a grant from the federal government
to purchase food.
(1) Once a month a tractor trailer of food would be
delivered from GPFB to a location where the church
groups would come with their own pick up trucks.
(a) The church groups would take the boxed food
and regroup the food into individual bags.
GCCFB had a shared maintenance fee to GPFB of 5 per
pound.
The first bank account for GCCFB was a checking account
in Gallatin Bank, now the Integra Bank.
(1) A separate account was opened when a federal grant
was received at the First Federal Savings and Loan.
(a) The money came to the county which wrote a
check to GCCFB.
k. In 1985, the GCCFB was formalized as the Greene County
Food Bank Association (GCFBA), a 501(c)(3) charitable
organization.
(1) Each party (church) nominated one person to an
advisory committee wherein officers were elected
from that group.
1. Until 1985, no salaries were paid to anyone as to the
Coccari, 92- 031 -C2
Page 44
m. In 1985, Coccari
compensation for
hour.
n. In 1986 Coccari
(Locy) .
(1) Romesberg was the coordinator.
(2) Locy was an administrative assistant.
o. Coccari claims that in Fall, 1986, the association
provided a salary of $450.00 a month.
P.
GCCFB.
claims that the board voted to give her
thirty -five hours a week at $10.00 per
hired Joe Romesberg and Patty Peck
Between 1986 and 1991, Coccari made efforts to obtain
additional funding for the GCCFB.
q. Coccari opened different bank accounts for separate
purposes as to the GCCFB.
r. Coccari claims that the withdrawal of $50,000.00 and
placing the funds in a single CD followed, after
maturity, by placing the funds into two CD's of $35,000
and $15,000 was to segregate warehouse facility money
from general operating money.
s. Coccari admits that CSP is not a separate business or
entity.
t. For the years 1987 through 1991, Coccari claims she was
entitled to over $5,000.00 a year which she did not take.
u. As to the Community Bank check payroll account, the
signatures of Coccari and Jack Dunn were required.
(1) All other accounts only required Coccari's
signature.
v. Coccari claims that rent was being paid to her as part of
her plan for the warehouse.
w. Coccari admits that she took $5,000.00 of GCCFB funds to
buy a personal car but asserts that the funds represented
fair compensation that she was entitled to for the fiscal
year 1990 -91.
(1) The funds were withdrawn from GCCFB account 80059
and placed into the CSP checking account of
Coccari.
Coccari, 92- 031 -C2
Page 45
x. Coccari admits taking approximately $2,500 to pay her ex-
husband's son's credit card company but asserts that it
was compensation due her for the period from July, 1991
to December, 1991.
y•
Coccari claims that a payment of $4,000.00 from a GCCFB
account into a CSP account was for rent.
(1) A withdrawal of $5,000.00 was made from a GCCFB
account but the balance of the money taken by
Coccari is claimed by her to be due her as
compensation.
z. Coccari admits that checks from private donors were
deposited into her CSP account.
(1) Coccari asserts that the funds were to be used for
the facility project, the purchase of a warehouse.
(2) The checks were marked for deposit in the GCCFB
account but were actually deposited in Coccari's
CSP account.
aa. Coccari claims she had involvement with David Bowers as
to the purchase of food.
(1) Checks were issued co- signed by Coccari and Gene
Lee, the county chief clerk in mid 1991.
(a) The checks were made payable to the warehouse
account.
(b) No food was purchased.
(c) Coccari claims that Bowers initially said he
would be delayed and after August or
September, 1991 she never heard from him.
(d) Coccari claims the invoices were for the food
items that were ordered.
(e) Food was purchased in March, 1992 by the
reorganization committees.
bb. A payment of $440.00 was made to Barb Kirby.
(1) The overpayment was made as a loan.
(a) The payment came from a GCCFB account but the
repayment was made to the CSP account.
Coccari, 92- 031 -C2
Page 46
cc. Coccari claims that the $5,000.00 in cash she withdrew in
1990/91 was a salary authorized by Jack Dunn
dd. Coccari claims that payments for her salary and rent were
done to have documentation for audits that were occurring
as to the years 1990 -92.
ee. Coccari asserts that she did not convert GCCFB money for
her own pecuniary gain.
ff. With the Washington - Greene County Action Agency, Coccari
had responsibilities in the areas of budget, finance and
other areas.
gg. Coccari testified that she was appointed program
administrator of the GCFB "... [b]y the general agreement
of the association."
hh. When GCCFB operated at 243 East High Street, the facility
was a three story frame house owned by Coccari.
(2) GCCFB operated out of the facility for five or six
years.
(3) GCCFB paid rent to the CSP.
ii. Coccari claims that CSP was a personal venture by
Coccari.
77
(1) Coccari states the repayment was placed
into the CSP account because "it was
excess administration."
(1) GCCFB utilized two of the five rooms on the first
floor.
From the CSP account, Coccari had checks written for
Avon, TCI (cable TV), West Penn Power, Equitable Gas,
S.P. Water Authority, the second floor telephone in
Coccari's name, At -tel telephone, Betty Cole, tax
collector, Robert Elliott, treasurer, Chester Jeffrey
Plumbing, Coccari's Master Charge, American Express,
mortgage payment to First Federal, West Penn Motor Club,
Kelsey Insurance, Commonwealth of Pa. (Coccari's auto
registration fee), Kemper National Insurance, $500.00
check for David Coccari, Moonlight Productions, Julie Ets
(school tax), Prudential Insurance, Paul Panoflic
(roofer), $25 check for Dodge Shadow, $7500 check for
Coccari.
kk. In an interview, Coccari described CSP as her consulting
Coccari, 92- 031 -C2
Page 47
service.
(1) CSP was her personal entity.
(2) CSP account was Coccari's personal business
account.
11. The tax ID number Coccari used for the warehouse account
was her social security number.
(1) Even though food could have been purchased through
a GCCFB account, Coccari claims that the warehouse
account was a means to create additional
administrative dollars.
mm. When interviewed by the district attorney, Coccari stated
that she purchased food from a truck driver as per
invoices.
nn. A withdrawal from the warehouse account of $6,049.29 on
April 6, 1992 closed the account.
(1) A check was written out on April 3, 1992 which was
the same day Coccari was interviewed by the
district attorney for the second time.
(2) The account was closed and food was obtained after
Coccari was suspended.
oo. The $35,000.00 out of the $50,000.00 withdrawal by
Coccari was considered by her to be money owed to her.
(1) Coccari claims that portion was put into a facility
project as a means of establishing a food bank
foundation.
PP•
(1) In a second interview, Coccari stated that she
purchased the food from Save A Lot but did not
receive the food.
The "rent" Coccari received from the food bank started at
$150.00 and went to $250.00 and ended at $400.00.
(1) The "rent" payments varied in terms of amount and
the times of payment.
(2) Coccari claims that staff knew that rent was paid
to Coccari as owner of the building.
(3) As to ID 36, written in whole or part by Coccari, a
statement was made that the GCCFB usually occupies
Coccari, 92- 031 -C2
Page 48
qq-
office space at no charge.
The $5,000.00 withdrawal by Coccari from the GCCFB
account, claimed by Coccari as compensation for 1990/91,
was used to purchase a personal vehicle and not a food
bank vehicle.
rr. The checks Coccari received as rent were not written to
her personally but to GCCS.
(1) Coccari admits the funds were for her.
(2) Coccari states that endorsement was to GCCS because
"it represented a philosophical approach to the
Community Service Program as a management agent for
the food bank."
ss. There was no written agreement regarding any compensation
owed to Coccari.
tt. There was no written contract between GCCFB and CSP.
uu. Coccari claims that her action in attempting to have the
board members sign an agreement was to confirm an
authorization for payment made in September 1991.
114. Ronald Goughler is the Social Service Administrator of
Southwestern Pennsylvania Human Services (SPHS).
a. SPHS is a non - profit, 501(c)(3), corporation.
(1) SPHS provides thirteen categorical services such as
mental health, substance abuse and services to the
homeless.
(2) Funding is a mixture of private and public
funds.
b. In Goughler's opinion, GCCFB is a grass roots
organization run by people who are volunteers.
c. "Grass roots" type organizations generally do not have
sophisticated accounting or computer systems and rely on
an advisor or policy structure.
(1) Policy is not usually codified as in a formal
organization.
115. Roger W. Grimes was affiliated with GCCFB until 1987.
a. As to R -8, the written name Roger Grimes is not the
Coccari, 92- 031 -C2
Page 49
signature of Roger Grimes.
116. James J. Dunn was President of the Board of Directors of
GCCFB.
a. Coccari ran the day -to -day activities of the GCCFB.
b. Dunn was affiliated with the GCCFB until 1992.
c. Dunn did not know that Coccari owned the building from
which GCCFB operated until he was told by the District
Attorney.
(1) Coccari told Dunn that the GCCFB was not paying
rent.
d. Dunn did not know of the existence of CSP "until after
things broke up."
e. At a meeting at the Iron Griddle, Coccari told Dunn that
he was shirking his duty and that he "should sign these
things."
(1) As to a $4,000.00 payment (R -15), Coccari indicated
that it was for her services to GCCFB for which she
never had been paid.
(2) As to payment of $5,000.00 and $2,500.00 (R -13, 14)
Dunn is unaware of the purpose of the payments.
f. At times, Dunn was given blank checks to sign.
g. As President of GCCFB, Dunn did not do business, banking
or buying.
117. Robert Fletcher picked up food from the GCCFB and took it to
his church for distribution.
a. As to the document (R -8) containing the written name
Fletcher, that writing is not the signature of Fletcher.
118. Rosemary Fletcher is the spouse of Robert Fletcher.
a. Fletcher kept a daily log of her and her husband's
activities.
(1) The log does not indicate any attendance by Robert
Fletcher at a food bank board or association
meeting.
Coccari, 92- 031 -C2 -
Page 50
119. Wanda Wright was associated with the GCCFB.
a. The written name of Wright which appears in R -20, 21 is
her signature.
b. Wright attended the February 28, 1992 meeting at the Iron
Griddle.
(1) A discussion occurred as to the purchase of the
Curry home.
(2) Coccari stated that the sheriff or police came to
her home questioning her activities as Director of
the food bank.
(a) Coccari's request for signatures was taken by
Wright to mean that Coccari needed
verification of her position with GCCFB.
(1) Wright signed with her understanding that
such action constituted a verification
that Coccari was Director.
(2) Wright did not read the document she
signed.
(3) Wright did not observe that she was
authorizing the payment of funds to
Coccari or CSP.
c. Wright was not aware that GCCFB was paying rent.
120. Exhibit R -7 is the Annual Report of the Controller of Greene
County, Pennsylvania for the year ending 12/31/91 which
contains a Supplement as to the GCCFB that provides in part:
FOOD BANK INVESTIGATIVE AUDIT 1991
The Greene County Food Bank is a loosely constituted
association apparently formed in the early 1980's to
function as the distribution apparatus for surplus foods
and monies received from State and Federal sources. As
the overwhelming majority of funds are State and Federal
the responsibility for audit comes under the Single Act
Audit, although the County of Greene is responsible for
the receipt of the foodstuffs and funds, and their proper
distribution to the individuals and families designated
as recipients by the program.
Upon receiving reports of irregularities in the
operation of the Food Bank, a special audit was
Coccari, 92- 031 -C2
Page 51
undertaken for fiscal year 1991 and the finding and
recommendations are included as a part of the 1991 report
of the Controller.
FINDING NUMBER ONE:
The food Bank while apparently functioning as a
viable organization, possessed no charter, by laws or
recognizable set of operational rules or regulations.
The "Board was randomly appointed by the Director,
Barbara Mooney with no finite term or specific duties or
responsibilities. The Controller's Office could not
ascertain a chain of command or flow of responsibility.
The Food Bank was in effect managed by the Director with
no oversite other than the Single Act Audit. The "Board"
received little information as to the financial condition
of the operation and made no decisions regarding
finances.
FINDING NUMBER TWO:
* * *
The Controller's Audit found an absence of financial
controls or accounting systems. Food Bank monies were
scattered in at least twelve (12) different accounts in
four (4) different banks both in and out of the County.
These funds still under investigation exceeded Eighty
Thousand ($80,000.00) Dollars, and most likely will
amount to excess of that figure when a full three (3)
year audit is conducted.
More disturbing was the removal of "Food Bank" funds
from a certificate of deposit /money market instrument
held in a Uniontown bank branch and the transfer to an
account titled Greene County Community Services. This
entity was discovered to be a consulting firm owned and
operated by the Director. The Controller's Office has
frozen these funds under Court Order and this matter
remains under investigation.
The Controller's Office also discovered three (3)
transactions which occurred in 1991 in which a business
owned and operated by the Director allegedly sold
foodstuffs to the Food Bank. The transactions were not
disclosed to the "Board" or the County of Greene and
would constitute a conflict of interest. As of this date
the records available to the Controller's Office cannot
confirm the foodstuffs were received by the Food Bank.
This aspect of the audit has been referred to the
District Attorney and the state authorities for their
Coccari, 92- 031 -C2
Page 52
review. The Controller's Office continues to pursue this
aspect of the audit and will specifically entertain
surcharge proceedings depending on its findings, and the
actions of the other authorities in this matter.
121. Exhibit R20, 21 purport to be undated agreements between GCCFB
and CSP for the fiscal years 1990 /91 and 1991/92 which state
that CSP will provide two groups of programs for GCCFB in
return for fees of $400.00 per month for the first program and
$5,000.00 per year for the second program.
122. Exhibits ID 7 through 11 are agreements between Greene County
and the GCCFB whereby GCCFB is the designated lead agency
under the State Food Purchase Program as to providing food for
the needy.
a. One of the program requirements is a prohibition against
county and lead agency officials /employees from entering
into contracts or providing services for profit under the
program.
123. ID -31 are the job descriptions for the various positions of
the GCCFB.
a. The duties and responsibilities for the Administrator are
listed as follows:
Administrator- -Part time (approx. 35 hours per month)
(1) Responsible for all executive directors
(2) Direct and supervise all staff
(3) Monitors all records, reports, communication with
funding sources or potential funding sources.
(4) Monitors all services provided by the Greene County
Community Food Bank.
b. The duties and responsibilities for the Coordinator are
listed as follows:
Coordinator - -Part time (approx 20 hours per week)
(1) USDA program supervision:
(a) Monitor inventory of commodities
(b) Assist in securing commodities from Pittsburgh
Coccari, 92- 031 -C2
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(c) Monitor distribution of commodities by MDS
(d) Assess needs of MDS
(e) Prepare monthly distributions to MDS
(f) Reconcile distribution and inventory reports
(2) Generic Purchase program supervision:
(a) Monitor inventory of product
(b) Monitor distribution of product
(c) Arrange for purchase of product
(d) Prepare bills for payment
(e) Prepare reports for FEMA and State Grant
(3) Assist in volunteer activities for the general
improvement of the Green County Community Food
Bank. Such activities might include food drives
(Scouting for Food, e.g.), volunteer recognition,
requests for donations, and general public
relations.
124. Coccari as Coordinator /Administrator of the GCCFB was in an
unpaid position.
125. No legitimate agreement existed between GCCFB and CSP as to
the performance of services for monetary consideration.
126. Coccari took GCCFB monies comprised of federal, state, county
and private funds and used those monies for her personal
purposes.
III. DISCUSSION:
Initially, it is noted that the allegations in this case
relate to both Act 9 of 1989 and Act 170 of 1978. In this regard,
Section 9 of Act 9 of 1989, P.L. 26, provides, in part, as follows:
This amendatory act shall not apply to
violations committed prior to the effective
date of this act, and causes of action
initiated for such violations shall be
governed by the prior law, which is continued
in effect for that purpose as if this act were
not in force. For the purposes of this
Coccari, 92- 031 -C2
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section, a violation was committed prior to
the effective date of this act if any elements
of the violations occurred prior thereto.
Since Coccari has filed a Motion to Dismiss seeking a
dismissal of the Investigative Complaint on the basis that she is
neither a public official nor public employee so as to be subject
to the jurisdiction of this Commission, we must address that
threshold issue under both Act 170 of 1978 and Act 9 of 1989.
On the issue of whether Coccari is a public official /employee
under Act 170 and /or Act 9, the following statutory definitions are
relevant.
Section 2. Definitions
individual employed by
political subdivision
taking or recommending
nonministerial nature
"Public employee." Any
the Commonwealth or a
who is responsible for
official action of a
with regard to:
(1) contracting or procurement;
(2) administering or monitoring
grants or subsidies;
(3) planning or zoning;
(4) inspecting, licensing,
regulating or auditing
any person; or
(5) any other activity where
the official action has
an economic impact of
greater than a de minimis
nature on the interests
of any person.
"Public employee" shall not include
individuals who are employed by the State or
any political subdivision thereof in teaching
as distinguished from administrative duties.
"Public Official." Any elected or appointed
official in the Executive, Legislative or
Judicial Branch of the State or any political
subdivision thereof, provided that it shall
not include members of advisory boards that
have no authority to expend public funds other
Coccari, 92- 031 -C2
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than reimbursement for personal expense, or to
otherwise exercise the power of the State or
any political subdivision thereof. "Public
Official" shall not include any appointed
official who receives no compensation other
than reimbursement for actual expenses.
Act 170 of 1978, Section 2, P.L. 883.
"Public employee." Any individual
employed by the Commonwealth or a political
subdivision who is responsible for taking or
recommending official action of a
nonministerial nature with regard to:
(1) contracting or procurement;
(2) administering or monitoring
grants or subsidies;
(3) planning or zoning;
(4) inspecting, licensing,
regulating or auditing
any person; or
(5) any other activity where
the official action has
an economic impact of
greater than a de minimis
nature on the interests
of any person.
"Public employee" shall not include
individuals who are employed by the State or
any political subdivision thereof in teaching
as distinguished from administrative duties.
"Public Official." Any person elected by
the public or elected or appointed by a
governmental body, or an appointed official in
the Executive, Legislative or Judicial Branch
of the State or any political subdivision
thereof, provided that it shall not include
members of advisory boards that have no
authority to expend public funds other than
reimbursement for personal expense, or to
otherwise exercise the power of the State or
any political subdivision thereof.
"Political subdivision." Any county,
Coccari, 92- 031 -C2
Page 56
city, borough, incorporated
school district, vocational
institution district, and
entity or body organized
mentioned.
town, township,
school, county
any authority,
by the afore-
"Governmental body." Any department,
authority, commission, committee, council,
board, bureau, division, service, office,
officer, administration, legislative body, or
other establishment in the Executive,
Legislative or Judicial Branch of a state, a
nation or a political subdivision thereof or
any agency performing a governmental function.
Act 9 of 1989, P.L. 26, 65 P.S. 8402.
Since the facts of record reflect that Coccari was not hired
by GCFB to a compensated position, Coccari was not employed by a
political subdivision and hence was not a "public employee" under
both Act 170 of 1978 and Act 9 of 1989. As to whether Coccari was
a public official, separate analyses must be made under Act 170 and
Act 9 since the definition of "public official" was amended by the
latter Act.
Under Act 170, a person is a public official if appointed by
the Commonwealth or a political subdivision. Under Act 9, there
are two separate tests for a public official: the first is the same
as under Act 170; the second is whether there was an appointment by
a "governmental body" which latter phrase is defined to include
inter alia ". . . any agency performing a governmental function."
In resolving this question of Ethics Law coverage, the first
issue concerns whether an appointment was made. The record
reflects that there are two separate scenarios involving possible
appointments as to Coccari. First, Coccari testified that she was
appointed to the GCFB by "general agreement" of the Board (Fact
Finding 113gg) after the Internal Revenue Code (IRC) 501(c)(3)
status was obtained. Second, appointments occurred beginning in
1988 and continuing thereafter (until Coccari's termination) when
Greene County contracted to designate GCFB as the "lead agency" as
to the State Food Purchase Program.
As to Act 170 of 1978, we must conclude that Coccari was not
a public official. The narrow statutory definition under Act 170
of 1978 for a public official requires an appointment by a
political subdivision. Clearly GCFB under Act 170 of 1978 was not
a political subdivision. Greene County, which is a political
subdivision, appointed GCFB as "lead agency" but such appointments
were to the agency and not Coccari. Thus, it was Greene County
which made appointments; it was GCFB and not Coccari that received
Coccari, 92- 031 -C2
Page 57
those appointments. Coccari herself was not appointed by Greene
County. Hence, Coccari was not a public official under Act 170 of
1978.
Similarly, under Act 9 of 1989, Coccari was not a public
official. As noted above, the appointment by Greene County was to
GCFB and not Coccari. As to any appointment by the GCFB Board, the
testimony of Coccari that her appointment occurred through general
agreement does not equate to an actual appointment. The record
does not reflect any action by the GCFB Board to appoint Coccari.
In fact, the evidence of record suggests the opposite, namely that
Coccari appointed the GCFB Board. GCFB started informally and
continued despite its subsequent IRC 501(c)(3) status. Hence,
Coccari never received any appointment by the GCFB Board. As the
Greene County Controller noted in his 1991 report, the GCFB was a
loosely constituted association with no charter, by laws or
recognizable set of rules or regulations with Coccari randomly
appointing the Board. Fact Finding 120.
The fact that Coccari was not a public official /employee under
either Act 170 of 1978 or Act 9 of 1989 compels us to a
determination that there were no violations of the Ethics Law.
Since being a public official /employee is a jurisdictional
requirement for establishing a violation of the Ethics Law,
assuming Sections 403(b) has no application, there can be no
violation if there is no public official /employee. Accordingly, we
grant the motion by Coccari to dismiss the action on the basis that
she was not a public official /employee.
The Ethics Law does empower this Commission to refer matters
to law enforcement officials at any time during or after the
preliminary inquiry stage of an investigation. 65 P.S. §408. In
light of the following factual review, such a referral is warranted
in this case.
GCFB had its genesis when people or church groups received
food from the Greater Pittsburgh Food Bank (GPFB) for distribution
in Greene County . The initial operation was "grassroots" whereby
food typically would be received for a group of churches with the
food being deposited in one of several designated locations.
Thereafter, the church groups would take and regroup the food into
individual bags for distribution. Fact Finding 113f. As time
progressed, Coccari and others evolved the process whereby leftover
food would be stored at GCFB. In 1985, the GCFB became formalized
after receiving charitable organization status under the IRC. Each
church nominated one person to an advisory committee with an
officer elected from that group to the GCFB Board. When money
began to be received from both private and governmental sources,
GCFB bank accounts were opened. Finally, in 1986 Coccari hired
staff for the GCFB.
Coccari, 92- 031 -C2
Page 58
At some point during the operation of GCFB, Coccari in a
private capacity opened an account in the name of CSP, which was
not any type of entity but merely the name that Coccari used for
her own personal business. Fact Finding 101i. After GCFB became
operational with funding, 80% of which generally was from
government sources, Coccari began taking various actions to
withdraw GCFB funds and either deposit those funds into her
personal CSP accounts or utilize them for her own personal
purposes. Coccari was able to take such actions because she was
sole signatory for withdrawals or disbursements and in a few cases
co- signatory as to the GCFB accounts. Fact Findings 8, 9. The
notable and questionable withdrawals by Coccari as to GCFB funds
will be outlined below.
In one GCFB account, Coccari withdrew $50,000.00 and placed
that money into a CSP account as a Certificate of Deposit (CD) for
a term of six months; upon maturity, the funds were split and
reinvested into two CD's, in the amounts of $35,000.00 and
$15,000.00 respectively, while the interest was placed into a
separate CSP account. Fact Findings 46 -49: Coccari did surrender
the CD's after allegations surfaced about the misappropriation of
GCFB funds which resulted in Coccari's termination.
Coccari in 1991 withdrew $5,000.00 from a GCFB account to
purchase a vehicle. Fact Findings 19 -22. Although Coccari asserts
that she was entitled to the money as salary which she had not
taken, the record reflects that the Board never authorized a salary
for Coccari in that she was in a non - compensated position.
Another withdrawal of $2,500.00 from a GCFB account was made
by Coccari and used as a payment for a Citibank charge card payment
for her stepson. Fact Findings 23 -27. Once again, Coccari
asserted that this was salary due her.
Since GCFB operated out of a building that was owned by
Coccari, a series of checks from GCFB accounts to a CSP account
were asserted by Coccari to be legitimate rent payments. However,
there was no valid lease agreement between GCFB and CSP for the
rental of space for GCFB operations. Parenthetically, we do note
that after an investigation began, Coccari prepared a contract
which purported to be an agreement for services between the GCFB
and CSP. However, the record reflects that no such agreement was
entered into by the GCFB Board.
The are numerous instances of record where Coccari took CSP
funds, which originally were GCFB funds, to pay her various
utilities payments. Fact Findings 74, 101t, 113jj.
In another instance, Ms. Kirby, who was an employee of the
GCFB, sought a loan of $440.00 which Coccari gave Kirby and her
husband from a GCFB account. However, when the Kirbys sought to
Coccari, 92- 031 -C2
Page 59
repay the loan, Coccari directed that the Kirbys make the check
payable to the CSP which was Coccari's personal account. Fact
Findings 75 -81.
Separate and apart from GCFB funds being deposited into CSP
accounts, there were also instances when GCFB funds were deposited
into a warehouse account. Once again, the warehouse was ostensibly
set up for any number of different reasons as proffered by Coccari
at any given point in time. When Coccari was questioned by the
Greene County District Attorney as to disbursements for the
warehouse account, Coccari asserted in her first interrogation that
the disbursements were for food which was purchased; however, on
the second interrogation, Coccari with her attorney present,
admitted that no food was actually purchased but prepayments were
made for food that had not been received. Fact Findings
112 (a) (1) (a) (2) . Subsequently, food was in fact purchased by
Coccari, but only after Coccari was aware that she was under
scrutiny as to the utilization of GCFB funds for personal use.
The last notable activity occurred when Coccari wrote out
checks from a GCFB account to an individual named Ashe with some of
those checks being deposited into Coccari's personal accounts.
Fact Findings 85 -92.
We as a Commission are quite shocked that Coccari would take
funds which came from governmental and private sources that were
earmarked for the purpose of buying foods for the needy in Greene
County and utilize those funds for her own personal purposes.
Coccari, more than anyone else, had to be acutely aware that every
dollar that she used would be one less dollar that could buy food
for needy Greene County people.
It is quite obvious to us that when money, in addition to
donated food, started being received by the GCFB, an irresistible
temptation arose in Coccari who had control over that money with
little or no oversight. The result was that Coccari used GCFB funds
for her own personal purposes.
Thus, the evidence of record establishes that Coccari's
actions warrant the referral of this case to law enforcement
authorities for requisite action under various criminal statutes.
Since federal, state and local government funds were involved, this
matter will be referred to the Office of U.S. Attorney,
Pennsylvania Office of Attorney General and the Greene County
Office of District Attorney with our recommendation for review as
to the institution of criminal prosecutions against Coccari.
IV. CONCLUSIONS OF LAW:
1. Barbara Coccari as the Program Administrator /Coordinator of
Coccari, 92- 031 -C2
Page 60
the Greene County Community Food Bank was not a public
official or employee under Act 170 of 1978 and Act 9 of 1989
in that Coccari was not employed by a political subdivision
nor appointed by a political subdivision or governmental body.
In re: Barbara Coccari File Docket: 92- 031 -C2
. Date Decided: 02/23/95
Date Mailed: 03/10/95
ORDER NO. 964
1. There being insufficient evidence to conclude that Barbara
Coccari, as Program Administrator /Coordinator of the Greene
County Community Food Bank, was a public official /public
employee subject to the Ethics Law, the Respondent's Motion to
Dismiss is granted.
2. The record as developed to date would suggest strongly the
need for additional review of this matter which will be
referred to the Office of U.S. Attorney, Pennsylvania Office
of Attorney General and the Greene County Office of District
Attorney as to the institution of criminal prosecutions
against Coccari.
BY THE COMMISSION,
cO
DANEEN E. REESE, CHAIR
Commissioners Austin M. Lee and Boyd E. Wolff abstained as to the
decision of this matter.