HomeMy WebLinkAbout1424 GreenIn Re: Robert Green,
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Paul M. Henry
Nicholas A. Colafella
Reverend Scott Pilarz
05 -060
Order No.1424
1/8/07
1/23/07
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding a possible violation of the Public Official and Employee Ethics
Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the
commencement of its investigation, the Investigative Division served upon Respondent
written notice of the specific allegations. Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an "Investigative Complaint." An Answer was filed and a hearing was requested. A
Stipulation of Findings and a Consent Agreement waiving an evidentiary hearing were
subsequently submitted by the parties to the Commission for consideration. The record is
complete. The Stipulation of Findings is quoted as the Findings in this Order. The
Consent Agreement has been approved.
This adjudication of the State Ethics Commission is issued under the Ethics Act and
will be made available as a public document thirty days after the mailing date noted above.
However, reconsideration may be requested. Any reconsideration request must be
received at this Commission within thirty days of the mailing date and must include a
detailed explanation of the reasons as to why reconsideration should be granted in
conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the
finality of this adjudication but will defer its public release pending action on the request by
the Commission.
The files in this case will remain confidential in accordance with the Ethics Act. Any
person who violates such confidentiality commits a misdemeanor and, upon conviction,
may be subject to a fine of not more than $1,000 or imprisonment for not more than one
year. Confidentiality does not preclude discussing this case with an attorney at law.
Green, 05 -060
Page 2
I. ALLEGATION:
That Robert Green, a public official /public employee, in his capacity as Mayor of
Jefferson Borough, York County, violated Sections 1103(a) and 1103(d) provisions of the
State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a) and 1103(d) when he accepted
fees as Mayor for performing wedding ceremonies which fees were beyond the
compensation provided by law.
II. FINDINGS:
1. Robert Green has served as Mayor of Jefferson Borough, York County, from
January of 1994, to the present.
2. Green in his official capacity as mayor is authorized under Pennsylvania law to
perform marriage ceremonies.
a. Green is paid for this duty (and the aforementioned duties) via the annual
compensation he receives authorized by Borough Code.
3. Borough Code, Section 1025, provides that the salary of a borough mayor shall be
set by ordinance and shall not exceed, in boroughs with a population of less than
5,000, a maximum of $2,500 a year.
a. The Borough of Jefferson has a total population of less than 5,000 people.
4. Green's W -2 Wage and Tax Statement forms reflect that he has received the
following compensation from the borough for performing his duties as mayor
annually:
a.
Year
2001
2002
2003
2004
2005
Annual Salary
$1,500.00
$1,500.00
$1,375.00
$1,500.00
$1,500.00
5. Since September 1, 1996, Green in his official
performing marriage ceremonies upon request.
capacity as mayor has been
Green has promoted himself as being the "Marrying Mayor of Jefferson."
6. Couples have requested Green perform their marriage ceremonies in any one of
the following manners:
a. Directly contacting Green in- person.
b. Calling the borough office.
c. Contacting Green on his personal cell phone and /or calling his home
telephone number.
d. E- mailing Green at his personal e-mail address, marryingmayor@aol.com.
7 When contacted, Green informs inquiring couples that he will officiate their
marriage ceremony if he is available on the day and time they want to be married.
a. Green informs the couples that there is no set charge /fee for performing the
Green, 05 -060
Page 3
marriage ceremony.
b. Mr. Green advises every inquiring couple that they may donate an amount
they are comfortable in giving, but are not required to do so.
c. If money is accepted by Green, he will inform the couple that he will use the
money to cover his expenses and the remainder will be donated to charity.
d. In those instances where a couple for which Mr. Green has officiated their
marriage ceremony offers a donation, Mr. Green has accepted donations
ranging from $10.00 to $300.00.
e. Payments made to Green were both by cash and check.
f. Green did not provide the couples any type of receipt if money was accepted
from them.
8. The Borough Code, Section 1026 provides that any salary paid to a mayor,
pursuant to an ordinance, shall be in lieu of all costs and fees collected by the
mayor, [and that] all costs and fees collected by the mayor shall be turned into the
borough treasury.
a. Section 1026 further provides that any mayor shall elect to be paid by costs
and fees or salary by the fixed ordinance.
9. Section 1029(3) of the Borough Code, Duties of the Mayor, provides that a mayor
shall:
"Keep correct accounts of all moneys received by him, to
render to the council at least once a month an itemized
statement of all such moneys so received since the last such
statement, with the date at which and the purpose for which
and the names of the persons from whom the same was
received, and to pay all such moneys into the borough
treasury, to report to the council from time to time on the state
of the borough and to make recommendations to the council
on matters of borough concern. The borough shall furnish the
mayor with such books and forms as are necessary for the
conduct of his office. Such books and forms shall be and
remain the property of the borough and shall be surrendered
to his successor in office."
10. Monies collected by Green for performing wedding ceremonies were not turned into
the borough treasury from 2001 through 2005.
11. Funds received were deposited into a personal bank account at the Peoples Bank
of Glen Rock controlled by Green and his wife.
a. Green has also used this account to deposit funds not related to
payments /donations received from newlyweds.
12. Not all cash payments received from newlyweds were deposited into this account
by Green.
a. Green used some cash payments to pay for expenses he incurred while
traveling from one marriage ceremony to another.
Green, 05 -060
Page 4
b. Green has performed up to 7 wedding ceremonies a day.
c. Ceremonies conducted throughout a day were not always in close proximity
of each other.
d. When traveling to ceremonies, Green would use some of the funds received
to pay for gas, tolls, parking, and food.
13. Green maintained business records detailing relevant information about wedding
ceremonies he performed from 2001 through 2005 which included:
a. The date of ceremony.
b. Number of ceremonies he performed annually.
c. The cumulative number of weddings Green has participated in since
becoming Mayor.
d. The county issuing the marriage license.
e. The couple's marriage license number.
f. The names of the bride and groom.
g. Previous marital status of both parties.
h. If either the bride or groom were previously married, did it end in divorce or
as the result of death.
The date in which the couple was valid to be married along with their actual
wedding date.
j. The number of days that transpired from the valid date to the wedding date.
k. The day of the week which the couple was married along with the actual time
of the wedding.
The location of wedding including the municipality.
m. How many miles Green traveled to perform the ceremony (to and from) along
with Green's cost to travel to the ceremony.
n. The amount of payment given to Green by the couple for performing the
ceremony.
o. Home address and telephone number of the couple.
14. Green's business records reflect that he performed 1090 wedding ceremonies from
2001 through 2005 and received the following payments each year:
Year Number of Marriages Amount of Money Received
2001 244 $12,864.00
2002 207 $10,550.00
2003 231 $12,385.00
2004 201 $11,367.00
2005 207 $12,912.00
Total: 1090 $60,078.00
Green, 05 -060
Page 5
15. Of the 1090 marriages performed, 96 couples did not provide Green with any
payment or donation.
16. Out of the 1090 marriages, 38 occurred at the Jefferson Borough building in the
council chambers.
17. For wedding ceremonies Green performed outside the borough he would deduct a
mileage reimbursement fee from any payment /donation received.
a. Green used the mileage reimbursement rate determined by the IRS to
calculate his financial reimbursement (number of miles X dollar rate =
reimbursement).
b. The mileage reimbursement rates Green used annually are as follows:
Year
2001 $ 0.345
2002 $0.365
2003 $0.36
2004 $0.375
2005 $0.432
18. Green's business records reflect he reimbursed himself for miles traveled for
performing marriage ceremonies from 2001 through 2005 by year as follows:
Year Miles Traveled Reimbursed
2001 9586 $ 3,307.17
2002 7545 $ 2,753.93
2003 9714 $ 3,497.04
2004 8195 $ 3,073.13
2005 7738 $ 3,348.85
Total: $15,980.12
19. The following checks totaling $34,439.39 were issued in 2001 through 2005 from
the same account Green deposited payments received of performing wedding
ceremonies.
2001 Donations
Check Date Check # Amount 2001 Recipient
1/11/01 1973 $15.00 IL Circolo Calabrese
1/12/01 1994 $30.00 Jefferson Community Lions Club
1/17/01 1978 $10.00 Nashville Volunteer Fire Co. No 1
1/20/01 1982 $50.00 Trinity Lutheran Church Memorial Fund
1/20/01 1983 $12.00 Spring Grove Historical Preservation Society
2/7/01 1991 $25.00 Trinity Lutheran Church
2/10/01 1993 $20.00 Community Fire Company of Seven Valleys
2/16/01 1998 $9.04 York Area (undistinguishable) Income Tax Bureau
2/16/01 1999 $68.00 PA Department of Revenue
3/8/01 2010 $40.25 Jefferson Community Lions Club
3/10/01 2011 $40.00 Stoverstown Athletic Association
4/2/01 2019 $25.00 Leukemia and Lymphoma Society
4/6/01 2024 $150.00 (undistinguishable) & Smith
4/7/01 2026 $30.00 Order of Sons of Italy in America
4/9/01 2027 $3.00 The York County Fire Fighters Association
Green, 05 -060
Page 6
4/10/01 2029 $2.00 Firemen's Benevolent Fund of Mt. Vernon NY
4/11/01 2031 $2.00 PA Department of Revenue
4/29/01 2040 $55.00 York County Heritage Trust
5/20/01 2050 $25.00 St. Jacob's (Stone) Lutheran Church
6/4/01 2058 $125.00 St. Emmanuel Burial Association
6/4/01 2061 $16.00 American Heritage
6/5/01 2062 $21.48 Verizon
6/6/01 2064 $15.20 The York County Water Company
6/17/01 2070 $48.25 Jefferson Community Lions Club
6/22/01 2077 $26.00 Consumer Reports
6/26/01 2079 $20.00 Borough of Jefferson
6/30/01 2081 $29.44 Dr. Brian F. Rugart DDS
7/3/01 2084 $20.00 Memorial Fund of Trinity Lutheran Church
7/3/01 2083 $200.00 People for Platts
7/5/01 2086 $20.00 Maryland Line Animal Rescue
7/11/01 2093 $50.00 North Codorus Township Fire Company
7/11/01 2092 $98.90 New Salem Lions
7/12/01 2095 $20.00 American Heart Association
7/15/01 2097 $20.00 Christ United Church of Christ Memorial Fund
7/26/01 2107 $35.00 POINT
8/1/01 2111 $20.00 St. Jacob's (Stone) Lutheran Church
8/3/01 2112 $20.00 Committee to Elect Ron Miller
8/9/01 2116 $20.00 Victim Assistance Center
8/10/01 2118 $50.00 Tri Community Ambulance Association
8/30/01 2124 $20.00 YNC Literacy Day
9/8/01 2129 $25.00 Trinity Lutheran Church Memorial Fund
9/8/01 2128 $25.00 Win with Waugh Committee
9/27/01 2138 $30.00 Jefferson Community Lions Club
9/27/01 2139 $39.00 Jefferson Community Lions Club
9/27/01 2140 $5.00 Jefferson Community Lions Club
9/27/01 2141 $25.00 Jefferson Community Lions Club
9/27/01 2142 $10.00 Jefferson Community Lions Club
10/2/01 2143 $2,000.00 Prudential Securities Inc.
10/2/01 2144 $150.00 (undistinguishable) and Smith
10/3/01 2147 $40.00 York Rescue Mission
10/3/01 2146 $5.00 The Lazarus Foundation
10/8/01 2149 $15.00 Jefferson Volunteer Fire Company
10/10/01 2150 $15.00 White Rose Hospice
10/10/01 2153 $40.00 Stoverstown Athletic Association
10/16/01 2156 $32.95 Adelphia
10/19/01 2159 $2,000.00 Prudential Securities Inc.
10/20/01 2161 $15.00 Trinity Lutheran Church Memorial Fund
11/2/01 2168 $20.00 Friends of Guernsey Bridge Inc.
11/4/01 2170 $9.00 PA State Association of Boroughs
11/4/01 2172 $30.00 Jefferson Sportsman's Association Inc.
11/10/01 2173 $10.00 Jefferson Volunteer Fire Company
11/17/01 2177 $41.25 Christ United Church of Christ
11/20/01 2182 $15.00 York County Parks Foundation Charitable Trust
11/20/01 2181 $10.00 North Codorus Township Fire Company
11/27/01 2183 $60.00 Christ United Church of Christ
Green, 05 -060
Page 7
11/28/01
12/1/01
12/5/01
12/5/01
12/5/01
12/8/01
12/11/01
12/12/01
12/17/01
12/17/01
12/17/01
12/17/01
12/26/01
12/28/01
12/28/01
12/30/01
2186
2187
2195
2193
2194
2196
2197
2198
2202
2204
2205
2203
2209
2214
2213
2215
2001
Total:
2002 Donations
Check Date Check #
1/6/02 2230
1/7/02 2218
1/9/02 2219
1/26/02 2229
2/2/02 2233
2/9/02 2235
2/15/02 2239
3/1/02 2246
3/1/02 2247
3/1/02 2245
3/4/02 2250
3/15/02 2256
3/20/02 2260
3/22/02 2262
4/1/02 2266
4/5/02 2269
4/10/02 2274
5/8/02 2284
5/20/02 2290
5/22/02 2291
5/26/02 2293
5/26/02 2294
6/12/02 2303
6/14/02 2304
6/14/02 2305
6/28/02 2313
7/1/02 2314
7/16/02 2321
7/16/02 2322
$25.00
$15.00
$19.00
$10.00
$1,000.00
$370.00
$15.00
$24.00
$41.50
$10.00
$300.00
$114.00
$60.00
$12.00
$100.00
$30.00
$8,319.26
Amount
$40.00
$30.00
$20.00
$20.00
$20.00
$20.00
$40.00
$20.00
$20.00
$42.75
$50.00
$21.36
$40.00
$25.00
$50.00
$10.00
$2.00
$50.00
$61.00
$200.00
$20.00
$20.00
$30.00
$43.37
$100.00
$35.00
$125.00
$20.00
$20.00
People for Platts Committee
IL Circolo Calabrese
Contact York
Columbia Lodge #1074 Elks
Prudential Securities Inc.
Larry Wildasin
Governing
Christ United Church of Christ
Jefferson Community Lions Club
Jefferson Volunteer Fire Company
Jefferson Volunteer Fire Company
Jefferson County Lions Club
Jefferson Volunteer Fire Company
Spring Grove Historical Preservation Society
Jefferson Community Lions Club
Jefferson Volunteer Fire Company
2002 Recipient
Jefferson Community Lions Club
Seven Valleys Fire Company
PA Fire Police Association
Jefferson Community Lions Club
Christ UCC
Order Sons of Italy in America
York County Heritage Trust
St. Paul United Church of Christ
St. Paul's Lutheran Church of Stoverstown
Jefferson County Lions Club
Alice Paul Centennial Foundation
YAEITB
Stoverstown Athletic Association
Committee to Re -elect Bev Mackereth
Borough of Jefferson
Firemen's Associate of State of PA
Firemen's Benevolent Fund of Mt. Vernon, NY
North Codorus Township Fire Company
Dr. Raymond Ruberg
Access York
St. Paul's Lutheran Church Organ Fund
Trinity UCC Community Trust Fund
Christ United Church of Christ Pew Fund
Jefferson Community Lions Club
Bethlehem United Methodist Church
POINT
St. Emmanuel Burial Fund
American Cancer Society
St. Peter's (Leschey's) UCC Memorial Fund
Green, 05 -060
Page 8
7/21/02 2325
7/26/02 2331
7/31/02 2334
8/2/02 2338
8/12/02 2340
8/24/02 2344
8/28/02 2347
9/5/02 2351
9/10/02 2354
9/16/02 2357
9/16/02 2358
9/16/02 2359
9/16/02 2360
9/23/02 2362
9/27/02 2369
10/10/02 2377
10/10/02 2375
10/16/02 2380
10/17/02 2381
10/26/02 2386
10/26/02 2387
10/26/02 2389
10/30/02 2391
11/2/02 2393
11/6/02 2395
11/14/02 2398
11/14/02 2399
11/16/02 2401
11/16/02 2402
11/16/02 2400
11/20/02 2412
11/26/02 2409
12/1/02 2413
12/6/02 2415
12/15/02 2421
Unknown 2426
Unknown 2430
2002
Total:
2003 Donations
Check Date Check #
2/21/03 2463
3/12/03 2469
3/12/03 2470
3/14/03 2476
3/24/03 2483
3/24/03 2484
3/27/03 2488
$51.00
$20.00
$26.00
$20.00
$98.00
$25.00
$38.54
$25.00
$50.00
$42.65
$25.00
$40.00
$25.00
$500.00
$25.00
$25.00
$16.00
$50.00
$30.00
$51.00
$30.00
$38.54
$6.75
$9.00
$50.00
$15.00
$10.00
$18.00
$50.00
$108.00
$10.00
$38.54
$300.00
$16.00
$40.25
$50.00
$38.54
$3,207.29
Amount
$15.00
$10.00
$45.00
$44.50
$1,000.00
$20.00
$35.00
York Newspaper Co.
Salem UCC Memorial Fund
Consumers Report
Committee to Elect Ron Miller
Jefferson Volunteer Fire Company
Win with Waugh
AT &T Wireless
The York County (undistinguishable) Development
Corporation
Tri community Ambulance Association
Jefferson Community Lions Club
Jefferson Community Lions Club
Jefferson Community Lions Club
Committee to Re -elect Bev Mackereth
Roger Huegel
Bethlehem United Methodist Church Building Fund
Jefferson Community Lions Club
Firemen's Associate of State of PA
Tressler Refuge & Immigration SVC
Codorus Valley Area Historical Society
York Newspaper Company
Jefferson Sportsman's Association
AT &T Wireless
Lancaster City Firemen's Association
PSAB
York Rescue Mission
Willard House
Jefferson Volunteer Fire Company
Christ United Church of Christ
Codorus Creek Improvement Project
Christ United Church of Christ
York County Parks Foundation Charitable Trust
AT &T Wireless
Jefferson Volunteer Fire Company
Governing Magazine
Jefferson County Lions Club
City of York
AT &T Wireless
2003 Recipient
Southern York County Republican Club
City of York
Northern York County Republican Club
Jefferson County Lions Club
Republican Committee of York County
Citizens for Safer
Republican Club of Hanover
Green, 05 -060
Page 9
3/27/03 2490 $30.00 Northern York County Republican Club
3/27/03 2489 $12.00 Spring Grove Area Heritage Restoration Society
4/4/03 2494 $20.00 Bell Socialization Services Inc.
4/5/03 2497 $20.00 York County Fire Police Association
4/11/03 2500 $18.75 PA Firemen's
4/11/03 2499 $2.00 Firemen's Benevolent Fund of Mt. Vernon NY
4/12/03 2503 $50.00 York County Literacy Council
4/13/03 2504 $10.00 Animal Rescue Inc.
4/17/03 2508 $100.00 Republican Club of York County
4/22/03 2510 $50.00 Alice Paul Centennial Foundation
5/5/03 2518 $101.00 AAA Southern PA
5/11/03 2521 $20.00 York Rescue Mission
5/11/03 2522 $51.00 York Newspaper Company
6/2/03 2532 $13.73 York County Heritage Trust
6/14/03 2536 $27.00 Jefferson Community Lions Club
6/18/03 2541 $20.00 Bible Helps
6/18/03 2542 $26.00 Consumer Reports
6/20/03 2543 $309.00 Allstate Insurance
6/23/03 2544 $40.00 Jefferson County Lions Club
6/24/03 2546 $25.00 Card Member Services Inc.
6/26/03 2547 $100.00 Access York Inc.
7/1/03 2550 $20.00 York Rescue Mission
7/1/03 2551 $34.00 National Geographic Society
7/25/03 2561 $38.93 AT &T Wireless
7/30/03 2566 $51.00 York Newspaper Company
7/30/03 2567 $1,467.50 Pioneer Investments
8/3/03 2568 $20.00 Committee to Elect Ron Miller
8/23/03 2575 $20.00 Committee to Elect Ron Miller
8/25/03 2577 $24.98 Readers Digest
8/25/03 2578 $7.12 ACN Communications Services Inc.
8/25/03 2579 $29.50 AARP
8/28/03 2581 $255.47 Card Member Services
8/28/03 2582 $386.25 Pioneer Investment Management Inc.
8/28/03 2583 $34.64 AT &T Wireless
8/28/03 2585 $100.00 Jefferson Volunteer Fire Company
9/6/03 2588 $20.00 Warner Grandchildren Trust Fund
9/9/03 2590 $2,000.00 Prudential Securities Inc.
9/6/03 2587 $10.00 Friends of Barbara Bair
9/13/03 2593 $25.00 Trinity Lutheran Church Memorial Fund
9/13/03 2594 $25.00 St. Jacob's (Stone) Lutheran Church
9/15/03 2596 $3.00 Eastern Paralyzed Veterans Association
9/15/03 2598 $56.00 Heldref Publications
9/16/03 2599 $20.00 Republican Committee of York County
9/16/03 2600 $50.00 Friends to Elect Mitrick/Chronister
9/17/03 2601 $53.70 York Rescue Mission
9/17/03 2602 $41.50 Jefferson Community Lions Club
9/17/03 2603 $40.00 Jefferson Community Lions Club
9/22/03 2605 $312.50 Pioneer Uni -K Plan
9/28/03 2614 $50.00 Win with Waugh
10/1/03 2615 $20.00 York Rescue Mission
Green, 05 -060
Page 10
10/1/03
10/8/03
10/8/03
10/10/03
10/17/03
10/19/03
10/21/03
10/23/03
11/7/03
11/7/03
11/14/03
11/14/03
11/15/03
11/16/03
11/23/03
11/24/03
11/30/03
12/2/03
12/8/03
12/8/03
12/13/03
12/14/03
12/15/03
12/26/03
2616
2621
2620
2617
2626
2628
2630
2632
2636
2637
2642
2643
2644
2645
2651
2653
2654
2658
2661
2662
2668
2669
2672
2676
2003
Total:
2004 Donations
Check Date Check #
1/2/04 2682
1/7/04 2681
1/7/04 2683
1/7/04 2684
1/7/04 2680
1/8/04 2685
1/11/04 2687
1/22/04 2693
1/26/04 2698
1/26/04 2695
2/1/04 2700
2/1/04 2701
2/5/04 2702
2/13/04 2704
2/20/04 2710
2/27/04 2715
3/3/04 2717
3/6/04 2718
3/10/04 2720
3/10/04 2722
$25.00
$75.00
$20.00
$25.00
$10.00
$25.00
$40.00
$456.25
$51.00
$500.00
$30.00
$15.00
$40.00
$237.50
$10.00
$120.00
$100.00
$80.00
$10.00
$10.00
$34.25
$330.00
$113.00
$133.75
$9,921.82
Amount
$100.00
$30.00
$50.00
$20.00
$16.00
$20.00
$40.00
$9.30
$36.49
$15.00
$20.00
$15.00
$51.00
$23.00
$10.00
$40.00
$20.00
$60.00
$99.00
$52.00
York County Council of Churches
Jefferson County Lions Club
North Codorus Township Fire Company
Team Gillespie
Sons of Italy Foundation
Christ United Church of Christ
Stoverstown Athletic Association
Pioneer Investment Management Inc.
York Newspaper Company
Wachovia Securities LLC
Jefferson's Sportsman's Association
Hanover Republican Club
Christ United Church of Christ
Pioneer Investment Management Inc.
York County Parks Foundation
Christ United Church of Christ
York County Literacy Council
Pioneer Investment Management Inc.
Jefferson Volunteer Fire Co.
Jefferson Volunteer Fire. Co.
Jefferson County Lions Club
Jefferson Volunteer Fire. Co.
Jefferson County Lions Club
Pioneer Investment Management Inc.
2004 Recipient
Jefferson County Lions Club
POINT
Christ United Church of Christ
St. Jacob's (Stone) Church Cemetery Association
Firemen's Association of the State of PA
York Rescue Mission
York County Heritage Trust
Commonwealth of PA
AT &T Wireless
Republican Club of York County
Memorial Fund of St. Paul's (undistinguishable)
(undistinguishable) UCC
Spring Grow Ave. Historical Preservation Society
York Newspaper Company
Order Sons of Italy in America
Young Republicans of York County
Jefferson Co. Lions Club
York Rescue Mission
Access York
Jefferson Volunteer Fire Company
Firehouse
Green, 05 -060
Page 11
3/10/04 2723 $10.00 North Shore Annual League Association
3/10/04 2724 $20.00 Seven Valley Fire Co.
3/10/04 2719 $54.25 Jefferson Co. Lions Club
3/12/04 2725 $10.00 City of York
3/12/04 2726 $25.00 York Health Foundation for VNA Hospice
3/12/04 2727 $50.00 Tri Community Ambulance Association
3/17/04 2730 $40.00 Geiple Funeral Home
3/19/04 2734 $40.00 York Cancer Center Patient Help Fund
3/20/04 2735 $40.00 Stoverstown Athletic Association
3/28/04 2739 $138.85 Pioneer Investment Management Inc.
3/28/04 2742 $50.00 Republican Club of York Co.
3/30/04 2744 $40.00 Citizens for Stan Saylor
4/10/04 2748 $50.00 Alice Paul Institute
4/14/04 2749 $35.00 North Codorus Twp. Fire Company
4/15/04 2752 $2.00 Firemen's Benevolent Fund of Mt. Vernon NY
4/16/04 2750 $50.00 Glen Rock Beautification Committee
5/15/04 2763 $51.00 York Newspaper Co.
5/19/04 2767 $188.00 Pioneer Investment Management Inc.
5/28/04 2773 $20.00 York Rescue Mission
5/28/04 2774 $20.00 Willard House and Clock
6/12/04 2778 $10.00 Sons of Italy Foundation
6/13/04 2779 $318.00 Pioneer Investment Management Inc.
6/24/04 2784 $309.00 Allstate
7/18/04 2798 $50.00 Win with Waugh Committee
7/21/04 2799 $65.20 Jefferson County Lions Club
7/24/04 2800 $10.00 Sons of Italy Foundation
7/24/04 2801 $20.00 York Cancer Society
8/1/04 2809 $142.00 Pioneer Investment Management Inc.
8/1/04 2811 $20.00 Christ United Church of Christ
8/7/04 2812 $50.00 Seven Valley Fire Company
8/8/04 2814 $30.00 POINT
8/8/04 2815 $40.00 Committee to Elect Ron Miller
8/10/04 2816 $51.00 York Newspaper Company
8/13/04 2817 $20.00 St. Jacob's Lutheran Church
8/23/04 2823 $20.00 St. David's United Church of Christ
8/28/04 2829 $20.00 York Rescue Mission
8/29/04 2830 $115.00 Pioneer Investment Management Inc.
9/8/04 2831 $25.00 Team Gillespie
9/11/04 2834 $45.15 Jefferson Community Lions Club
9/11/04 2835 $40.00 Jefferson Community Lions Club
9/19/04 2838 $30.00 ALS Association
9/27/04 2845 $100.00 Bell Socilization Services Inc.
10/2/04 2847 $98.00 Jefferson Volunteer Fire Company
10/3/04 2848 $342.00 Pioneer Investment Management Inc.
10/7/04 2849 $45.00 Jefferson Sportsman's Club
10/13/04 2853 $8.00 Humane Society of the US
10/16/04 2854 $100.00 York Union Rescue Mission Inc.
10/18/04 2855 $30.00 York County Republicans
10/20/04 2858 $40.00 Stoverstown Sportsman's Association
10/20/04 2857 $20.00 March of Dimes
Green, 05 -060
Page 12
10/20/04 2858
10/25/04 2864
10/26/04 2861
11/6/04 2866
11/6/04 2867
11/8/04 2869
11/8/04 2868
11/11/04 2870
11/13/04 2871
11/14/04 2872
11/14/04 2873
11/14/04 2875
11/14/04 2877
11/14/04 2878
11/23/04 2882
11/24/04 2884
11/29/04 2886
12/1/04 2887
12/1/04 2888
12/11/04 2894
12/15/04 2890
12/17/04 2897
12/23/04 2899
12/25/04 2902
12/29/04 2903
Unknown
2865
2004
Total:
2005 Donations
Check Date Check #
1/6/05 2908
1/7/05 2909
1/15/05 2917
1/15/05 2919
1/15/05 2920
1/17/05 2921
1/27/05 2929
1/27/05 2926
2/1/05 2933
2/9/05 2936
2/13/05 2939
2/14/05 2941
2/22/05 2943
2/24/05 2944
2/24/05 2948
2/28/05 2949
2/28/05 2950
$10.00
$100.00
$45.61
$15.98
$25.00
$10.00
$10.00
$105.00
$100.00
$51.00
$20.00
$10.00
$20.00
$20.00
$15.00
$45.61
$140.00
$20.00
$15.00
$35.50
$236.00
$26.97
$300.00
$20.00
$20.00
$158.00
$5,448.91
Amount
$100.00
$30.00
$8.00
$40.00
$20.00
$20.00
$12.00
$10.00
$16.00
$51.00
$21.00
$10.00
$20.00
$211.00
$150.00
$20.00
$5.00
American Humane Association
Jefferson Community Lions Club
AT &T Wireless
Readers Digest
York Cancer Center Patient Help Fund
Jefferson Volunteer Fire Company
Jefferson Volunteer Fire Company
Jefferson County Lions Club
Harvest of Hope Food Pantry
York Newspaper Co.
Hanover Republican Club
People for Platts Committee
Trinity Lutheran Church
St. Peter's (Leshey) UCC
York County Parks Fundraising Charitable Trust
AT &T Wireless
Christ United Church of Christ
York Rescue Mission
Republican Club of York County
Jefferson Community Lions Club
Pioneer Investment Management Shareholders
Services Inc.
Men's Health
Jefferson Volunteer Fire Company
Bethlehem United Methodist Church
Zion Lutheran Church
Pioneer Investment Management Shareholders
Services Inc.
2005 Recipient
Jefferson Community Lions Club
Jefferson Volunteer Fire Co.
The Humane Society of the US
York County Heritage Trust
COPS
PA Fire Police Association
Spring Grove Area Historical Preservation Society
Young Republicans of York County
Governing
York Newspaper Company
Spring Grove Area Historical Preservation Society
The Humane Society of the US
Community Fire Company Inc. of Seven Valleys
Pioneer Investment Management Inc.
NFDC
York Rescue Mission
Sons of Italy Foundation
Green, 05 -060
Page 13
3/4/05 2952 $40.00 Stoverstown Athletic Association
3/20/05 2960 $25.00 Citizens for Stan Saylor
3/30/05 2969 $10.00 Northern York County Republican Club
3/30/05 2970 $16.00 Northern York County Republican Club
4/10/05 2974 $23.00 Order Sons of Italy in America
4/15/05 2976 $2.00 Firemen's Association of Mt. Vernon NY
Pioneer Investment Management Shareholders
4/17/05 2978 $190.00 Service Inc.
4/18/05 2979 $50.00 Christ United Church of Christ
4/21/05 2980 $49.00 Jefferson Volunteer Fire Company
4/23/05 2983 $55.00 District 14C Convention
4/26/05 2985 $45.78 Cingular Wireless
4/30/05 2989 $106.00 AAA Southern PA
5/5/05 2991 $60.00 Jefferson Carnival Contribution
5/9/05 2992 $50.00 Alice Paul Institute
5/10/05 2994 $51.00 York Newspaper Company
5/11/05 2995 $66.58 Jefferson Community Lions Club
5/13/05 2997 $20.00 APWA York County Branch
5/14/05 3000 $144.00 Pioneer Investment Management Inc.
5/19/05 3002 $20.00 Willard House of Clock
5/29/05 3007 $20.00 York Rescue Mission
5/29/05 3009 $30.00 POINT
5/29/05 3010 $5.00 Mason Dixon Lodge #2669
5/31/05 3013 $20.00 Homewood at Plum Creek
Pioneer Investment Management Shareholders
6/5/05 3015 $233.00 Service Inc.
6/11/05 3020 $70.15 Jefferson Community Lions Club
6/18/05 3042 $26.00 Consumer Report
6/20/05 3044 $25.00 Win with Waugh Committee
6/30/05 3051 $221.00 Pioneer Investment Management Inc.
6/30/05 3054 $20.00 Committee to Elect Ron Miller
7/18/05 3041 $25.00 Committee to Elect Joe Adams
8/3/05 3057 $10.00 Animal Rescue Inc.
8/3/05 3058 $50.00 Glen Rock Beautification Committee
8/10/05 3060 $51.00 York Newspaper Co.
8/20/05 3065 $10.00 The Humane Society of US
8/22/05 3066 $100.00 Bethlehem United Methodist Church
8/26/05 3070 $10.00 Women's Republican Club of York County
8/29/05 3072 $95.65 Vocational Notary Association
8/30/05 3071 $215.00 Pioneer Investment Management Inc.
8/30/05 3073 $9.95 Money Magazine
8/30/05 3074 $20.00 York Rescue Mission
9/1/05 3075 $60.00 Dallastown Beautification Committee
9/5/05 3077 $50.00 American Red Cross
9/8/05 3078 $100.00 Jefferson Community Lions Club
9/9/05 3079 $67.75 Jefferson Community Lions Club
9/12/05 3080 $100.00 The York County Republican Committee
9/16/05 3083 $50.00 Tri Community Ambulance Association
9/16/05 3084 $20.00 North Codorus Twp Fire Company
9/16/05 3085 $20.00 Mt. Zion Untied [sic] Church of Christ
9/18/05 3087 $50.00 York Rescue Mission
Green, 05 -060
Page 14
9/22/05 3090
9/24/05 3121
9/24/05 3124
10/2/05 3131
10/9/05 3138
10/9/05 3139
10/16/05 3144
10/30/05 3092
10/30/05 3093
11/15/05 3097
11/15/05 3103
11/16/05 3098
11/18/05 3101
11/18/05 3102
11/20/05 3104
11/20/05 3105
11/25/05 3107
11/25/05 3111
11/27/05 3112
11/27/05 3113
11/29/05 3114
11/29/05 3115
11/29/05 3116
12/1/05 3118
12/1/05 3117
12/3/05 3119
12/4/05 3120
12/4/05 3152
12/7/05 3153
12/7/05 3154
12/8/05 3155
12/15/05 3159
12/16/05 3160
12/22/05 3164
12/22/05 3166
12/23/05 3167
12/28/05 3170
12/29/05 3169
12/30/05 3171
Unknown 2930
2005
Total:
$100.00
$222.00
$40.00
$10.00
$324.40
$20.00
$20.00
$10.00
$30.00
$50.00
$50.00
$100.00
$50.00
$100.00
$300.00
$37.20
$16.00
$260.00
$100.00
$20.00
$338.00
$200.00
$60.65
$25.00
$16.00
$152.00
$100.00
$50.00
$50.00
$100.00
$30.00
$50.00
$25.00
$360.00
$50.00
$50.00
$50.00
$239.00
$50.00
$135.00
$7,542.11
Jefferson County Lions Club
Administrator, ICAA Insurance Program
Jefferson Community Lions Club
American Diabetes Association
Pioneer Investment Management Inc.
Trinity Lutheran Church
York Health Foundation for VNA Hospice
Jefferson Volunteer Fire Company
Jefferson Sportsman's Association
Trinity Lutheran Church
Community Progress Council
The Salvation Army
American Diabetes Association
Bell Socialization Service
Lost and Found Horse Rescue
York Newspaper Company
Governing
Access York
Christ United Church of Christ
York County Parks Foundation Charitable Trust
Pioneer Investment Management Shareholders
Service Inc.
York Rescue Mission
Jefferson Community Lions Club
Iona College, The Annual Fund
Firemen's Association of State of PA
Christ United Church of Christ
York County Literary Council
The ALS Association
Shiloh UCC Buddy Fund
American Red Cross
American Public Works Association York Chapter
St. Paul's Lutheran Church
American Heart Association
Jefferson Volunteer Fire Co.
Mt. Carmel Lutheran Church
Christ United Church of Christ
March of Dimes
Jefferson County Lions Club
Greenmount Cemetery Association
Pioneer Investment Management Inc.
20. Green used $22,131.81 of the above listed expenditures for purposes including
telephone bills, magazine and newspaper subscriptions, campaign contributions,
Pioneer Investments, Prudential Securities Investments, club affiliations, and credit
cards.
a. Green opened retirement and investments accounts during the time frame he
was collecting payments for performing wedding ceremonies.
Green, 05 -060
Page 15
21. Between 2001 and 2005 Green made payments of $22,131.81 for personal items
from the same account Green deposited payments received for performing wedding
ceremonies.
a. 2001:
Check Date
2/16/01
2/16/01
4/6/01
4/11/01
6/5/01
6/6/01
6/22/01
6/26/01
6/30/01
7/3/01
7/26/01
8/3/01
9/8/01
10/2/01
10/2/01
10/16/01
10/19/01
11/4/01
11/28/01
12/5/01
12/8/01
12/11/01
b. 2002:
Check Date
3/15/02
3/22/02
4/1/02
5/20/02
5/22/02
6/28/02
7/21/02
7/31/02
8/2/02
8/24/02
8/28/02
9/16/02
9/23/02
10/26/02
10/26/02
11/2/02
11/14/02
Check #
1998
1999
2004
2031
2062
2064
2077
2079
2081
2083
2107
2112
2128
2143
2144
2156
2159
2170
2186
2194
2196
2197
2001 Total:
Amount
$9.04
$68.00
$150.00
$2.00
$21.48
$15.20
$26.00
$20.00
$29.44
$200.00
$35.00
$20.00
$25.00
$2,000.00
$150.00
$32.95
$2,000.00
$9.00
$25.00
$1,000.00
$370.00
$15.00
$6,223.11
Check # Amount
2256 $21.36
2262 $25.00
2266 $50.00
2290 $61.00
2291 $200.00
2313 $35.00
2325 $51.00
2334 $26.00
2338 $20.00
2344 $25.00
2347 $38.54
2360 $25.00
2362 $500.00
2386 $51.00
2389 $38.54
2393 $9.00
2398 $15.00
2001 Recipient
York Area (undistinguishable) Income Tax Bureau
PA Department of Revenue
(undistinguishable) & Smith
PA Department of Revenue
Verizon
The York County Water Company
Consumer Reports
Borough of Jefferson
Dr. Brian F. Rugart DDS
People for Platts
POINT
Committee to Elect Ron Miller
Win with Waugh Committee
Prudential Securities Inc.
(undistinguishable) & Smith
Adelphia
Prudential Securities Inc.
PA State Association of Boroughs
People for Platts Committee
Prudential Securities Inc.
Larry Wildasin
Governing
2002 Recipient
YAEITB
Committee to Re -elect Bev Mackereth
Borough of Jefferson
Dr. Raymond Ruberg
Access York
POINT
York Newspaper Co.
Consumers Report
Committee to Elect Ron Miller
Win with Waugh
AT &T Wireless
Committee to Re -elect Bev Mackereth
Roger Huegel
York Newspaper Company
AT &T Wireless
PSAB
Willard House
Green, 05 -060
Page 16
11/26/02
12/6/02
Unknown
Unknown
c. 2003:
Check Date
2/21/03
3/12/03
3/12/03
3/24/03
3/24/03
3/27/03
3/27/03
4/17/03
5/5/03
5/11/03
6/18/03
6/20/03
6/24/03
6/26/03
7/1/03
7/25/03
7/30/03
7/30/03
8/3/03
8/23/03
8/25/03
8/25/03
8/25/03
8/28/03
8/28/03
8/28/03
9/9/03
9/6/03
9/15/03
9/16/03
9/16/03
9/22/03
9/28/03
10/10/03
10/23/03
11/7/03
11/7/03
11/14/03
11/16/03
12/2/03
12/26/03
2409
2415
2426
2430
2002 Total:
Check #
2463
2469
2470
2483
2484
2488
2490
2508
2518
2522
2542
2543
2546
2547
2551
2561
2566
2567
2568
2575
2577
2578
2579
2581
2582
2583
2590
2587
2598
2599
2600
2605
2614
2617
2632
2636
2637
2643
2645
2658
2676
$38.54 AT &T Wireless
$16.00 Governing Magazine
$50.00 City of York
$38.54 AT &T Wireless
$1,334.52
Amount 2003 Recipient
$15.00 Southern York County Republican Club
$10.00 City of York
$45.00 Northern York County Republican Club
$1,000.00 Republican Committee of York County
$20.00 Citizens for Safer
$35.00 Republican Club of Hanover
$30.00
$100.00
$101.00
$51.00
$26.00
$309.00
$25.00
$100.00
$34.00
Northern York County Republican Club
Republican Club of York County
AAA of Southern PA
York Newspaper Company
Consumer Reports
Allstate Insurance
Card Member Services Inc.
Access York
National Geographic Society
$38.93 AT &T Wireless
$51.00 York Newspaper Company
$1,467.50 Pioneer Investments
$20.00 Committee to Elect Ron Miller
$20.00 Committee to Elect Ron Miller
$24.98 Readers Digest
$7.12 CAN Communications Services Inc.
$29.50 AARP
$255.47 Card Member Services
$386.25 Pioneer Investment Management Inc.
$34.64 AT &T Wireless
$2,000.00 Prudential Securities Inc.
$10.00 Friends of Barbara Bair
$56.00 Heldref Publications
$20.00 Republican Committee of York County
$50.00 Friends to Elect Mitrick/Chronister
$312.50 Pioneer Uni -K Plan
$50.00 Win with Waugh
$25.00 Team Gillespie
$456.25 Pioneer Investment Management Inc.
$51.00 York Newspaper Company
$500.00 Wachovia Securities LLC
$15.00 Hanover Republican Club
$237.50 Pioneer Investment Management Inc.
$80.00 Pioneer Investment Management Inc.
$133.75 Pioneer Investment Management Inc.
Green, 05 -060
Page 17
d. 2004:
Check Date Check # Amount 2004 Recipient
1/7/04 2681 $30.00 POINT
1/22/04 2693 $9.30 Commonwealth of PA
1/26/04 2698 $36.49 AT &T Wireless
1/26/04 2695 $15.00 Republican Club of York County
2/5/04 2702 $51.00 York Newspaper Company
2/20/04 2710 $10.00 Young Republicans of York County
3/6/04 2718 $60.00 Access York
3/12/04 2725 $10.00 City of York
3/17/04 2730 $40.00 Geiple Funeral Home
3/28/04 2739 $138.85 Pioneer Investment Management Inc.
3/28/04 2742 $50.00 Republican Club of York Co.
3/30/04 2744 $40.00 Citizens for Stan Saylor
5/15/04 2763 $51.00 York Newspaper Co.
5/19/04 2767 $188.00 Pioneer Investment Management Inc.
5/28/04 2774 $20.00 Willard House and Clock
6/13/04 2779 $318.00 Pioneer Investment Management Inc.
6/24/04 2784 $309.00 Allstate
7/18/04 2798 $50.00 Win with Waugh Committee
8/1/04 2809 $142.00 Pioneer Investment Management Inc.
8/8/04 2814 $30.00 POINT
8/8/04 2815 $40.00 Committee to Elect Ron Miller
8/10/04 2816 $51.00 York Newspaper Company
8/29/04 2830 $115.00 Pioneer Investment Management Inc.
9/8/04 2831 $25.00 Team Gillespie
10/3/04 2848 $342.00 Pioneer Investment Management Inc.
10/18/04 2855 $30.00 York County Republicans
10/26/04 2861 $45.61 AT &T Wireless
Unknown 2865 $158.00 Pioneer Investment Mgmt. Serv.
11/6/04 2866 $15.98 Readers Digest
11/14/04 2872 $51.00 York Newspaper Co.
11/14/04 2873 $20.00 Hanover Republican Club
11/14/04 2875 $10.00 People for Platts Committee
11/24/04 2884 $45.61 AT &T Wireless
12/1/04 2888 $15.00 Republican Club of York County
Pioneer Investment Management Shareholders
12/15/04 2890 $236.00 Services Inc.
12/17/04 2897 $26.97 Men's Health
12/29/04 2903 $20.00 Zion Lutheran Church
2004 Total: $2,845.81
e. 2005:
2003 Total: $8,233.39
Check Date Check # Amount 2005 Recipient
1/27/05 2926 $10.00 Young Republicans of York County
2/1/05 2933 $16.00 Governing
Green, 05 -060
Page 18
2/9/05
2/24/05
2/24/05
3/20/05
3/30/05
3/30/05
4/17/05
4/23/05
4/26/05
4/30/05
5/10/05
5/14/05
5/19/05
5/29/05
6/5/05
6/18/05
6/20/05
6/30/05
6/30/05
7/18/05
8/10/05
8/26/05
8/29/05
8/30/05
8/30/05
9/12/05
9/24/05
10/9/05
11/20/05
11/25/05
11/25/05
11/29/05
Unknown
2936
2944
2948
2960
2969
2970
2978
2983
2985
2989
2994
3000
3002
3009
3015
3042
3044
3051
3054
3041
3060
3070
3072
3071
3073
3080
3121
3138
3105
3107
3111
3114
2930
2005 Total:
$51.00
$211.00
$150.00
$25.00
$10.00
$16.00
$190.00
$55.00
$45.78
$106.00
$51.00
$144.00
$20.00
$30.00
$233.00
$26.00
$25.00
$221.00
$20.00
$25.00
$51.00
$10.00
$95.65
$215.00
$9.95
$100.00
$222.00
$324.40
$37.20
$16.00
$260.00
$338.00
$135.00
$3,494.98
York Newspaper Company
Pioneer Investment Management Inc.
NFDC
Citizens for Stan Saylor
Northern York County Republican Club
Northern York County Republican Club
Pioneer Investment Management Shareholders
Service Inc.
District 14C Convention
Cingular Wireless
AAA Southern PA
York Newspaper Company
Pioneer Investment Management Inc.
Willard House of Clock
POINT
Pioneer Investment Management Shareholders
Service Inc.
Consumer Report
Win with Waugh Committee
Pioneer Investment Management Inc.
Committee to Elect Ron Miller
Committee to Elect Joe Adams
York Newspaper Co.
Women's Republican Club of York County
Vocational Notary Association
Pioneer Investment Management Inc.
Money Magazine
The York County Republican Committee
Administrator, ICAA Insurance Program
Pioneer Investment Management Inc.
York Newspaper Company
Governing
Access York
Pioneer Investment Management Shareholders
Service Inc.
Pioneer Investment Management Inc.
22. One investment account Green opened was a Pioneer Uni -K Plan on or about July
29, 2003.
23. Between July 30, 2003, and December 30, 2005, Green made payments totaling
$6,588.00 to the Pioneer funds.
a. Deposits made by Green to the Pioneer funds were made on nearly a
monthly basis between July 2003 and December 2005 from the same
account Green deposited payments received for performing wedding
ceremonies.
24. Green closed his Pioneer Fund # UNP305591 on or about March 31, 2006.
a. The fund value as of March 31, 2006 was $8,269.36.
Green, 05 -060
Page 19
b. Green received payments totaling $8,269.36 after closing the account.
25. Between the years 2001 and 2003, Robert Green and his wife, Linda Lewis, also
opened seven (7) Prudential Securities IRA and retirement accounts.
a. Beneficiaries of the accounts included Robert Green, Linda Lewis, and
Nancy Connelly.
26. Robert Green issued the following four (4) checks out of his personal bank account
to Prudential Securities to purchase Prudential funds:
Date of Checks
10/02/01
10/19/01
12/05/01
09/09/03
a. These payments were made from the same account that Green used to
deposit payments received for performing wedding ceremonies.
b. The $7,000.00 issued to Prudential was in part, money Green received for
performing marriage ceremonies.
27. Prudential Securities is a division of Wachovia Securities LLC.
a. On or about July 2003, Robert Green's Prudential accounts began to be
handled by Wachovia Securities LLC.
28. On November 7, 2003, Robert Green issued a check ( #2637) out of his personal
bank account to Wachovia Securities LLC for $500.00.
a. The check was from the personal account Green used to deposit payments
for performing marriage ceremonies.
b. Green continues to maintain the Wachovia accounts.
29. Green made payments totaling $2,264.25 for various memberships between 2001
and 2005 using funds he received as a result of performing wedding ceremonies.
a. 2001:
Check
Date
1/11/01
1/17/01
1/20/01
1/20/01
2/10/01
3/8/01
4/7/01
4/9/01
4/29/01
8/10/01
9/27/01
Check Numbers
2143
2159
2194
2590
Check # Amount
1973 $15.00
1978 $10.00
1982 $50.00
1983 $12.00
1993 $20.00
2010 $40.25
2026 $30.00
2027 $3.00
2040 $55.00
2118 $50.00
2139 $39.00
Amounts
$2,000.00
$2,000.00
$1,000.00
$2,000.00
Total: $7,000.00
2001 Recipient
IL Circolo Calabrese
Nashville Volunteer Fire Co. No 1
Trinity Luth. Ch. Mem. Fund
Spring Grove Historical Preservation Society
Community Fire Company of Seven Valleys
Jefferson Community Lions Club
Order of Sons of Italy in America
The York County Fire Fighters Association
York County Heritage Trust
Tri Community Ambulance Association
Jefferson Community Lions Club
Green, 05 -060
Page 20
11/4/01
11/20/01
11/20/01
12/1/01
12/5/01
12/17/01
12/17/01
12/28/01
b. 2002:
Check
Date
1/9/02
2/9/02
2/15/02
3/1/02
3/4/02
4/5/02
4/10/02
5/8/02
6/14/02
9/16/02
10/10/02
10/26/02
11/14/02
11/20/02
12/15/02
c. 2003:
Check
Date
3/14/03
4/22/03
6/14/03
9/17/03
10/8/03
11/14/03
11/23/03
12/8/03
12/13/03
d. 2004:
2172
2182
2181
2187
2195
2202
2204
2214
2001 Total:
Check #
2219
2235
2239
2245
2250
2269
2274
2284
2304
2357
2375
2387
2399
2412
2421
2002 Total:
Check #
2476
2510
2536
2602
2620
2642
2651
2661
2668
2003 Total:
$30.00
$15.00
$10.00
$15.00
$19.00
$41.50
$10.00
$12.00
$476.75
Amount
$20.00
$20.00
$40.00
$42.75
$50.00
$10.00
$2.00
$50.00
$43.37
$42.65
$16.00
$30.00
$10.00
$10.00
$40.25
$427.02
Amount
$44.50
$50.00
$27.00
$41.50
$20.00
$30.00
$10.00
$10.00
$34.25
$267.25
Check Check # Amount 2004 Recipient
Jefferson Sportsman's Association Inc.
York County Parks Foundation Charitable Trust
North Codorus Township Fire Company
IL Circolo Calabrese
Contact York
Jefferson Community Lions Club
Jefferson Volunteer Fire Company
Spring Grove Historical Preservation Society
2002 Recipient
PA Fire Police Association
Order Sons of Italy in America
York County Heritage Trust
Jefferson County Lions Club
Alice Paul Centennial Foundation
Firemen's Associate of State of PA
Firemen's Benevolent Fund of Mt. Vernon, NY
North Codorus Twp. Fire Co.
Jefferson Community Lions Club
Jefferson Community Lions Club
Firemen's Associate of State of PA
Jefferson Sportsman's Association
Jefferson Volunteer Fire Company
York County Parks Foundation Charitable Trust
Jefferson County Lions Club
2003 Recipient
Jefferson County Lions Club
Alice Paul Centennial Foundation
Jefferson Community Lions Club
Jefferson Community Lions Club
North Codorus Township Fire Company
Jefferson's Sportsman's Association
York County Parks Foundation
Jefferson Volunteer Fire Co.
Jefferson County Lions Club
Green, 05 -060
Page 21
Date
1/7/04
1/11/04
2/1/04
2/13/04
3/10/04
3/10/04
4/10/04
7/21/04
9/11/04
10/7/04
11/8/04
11/23/04
12/11/04
e. 2005:
Check
Date
1/15/05
1/15/05
1/17/05
1/27/05
2/14/05
2/22/05
4/10/05
5/9/05
5/11/05
5/13/05
6/11/05
8/20/05
9/9/05
9/16/05
9/16/05
10/30/05
10/30/05
11/29/05
12/1/05
12/1/05
12/8/05
2680
2687
2701
2704
2724
2719
2748
2799
2834
2849
2869
2882
2894
2004 Total:
Check #
2917
2919
2921
2929
2941
2943
2974
2992
2995
2997
3020
3065
3079
3083
3084
3092
3093
3116
3117
3118
3155
2005 Total:
$16.00
$40.00
$15.00
$23.00
$20.00
$54.25
$50.00
$65.20
$45.15
$45.00
$10.00
$15.00
$35.50
$434.10
Amount
$8.00
$40.00
$20.00
$12.00
$10.00
$20.00
$23.00
$50.00
$66.58
$20.00
$70.15
$10.00
$67.75
$50.00
$20.00
$10.00
$30.00
$60.65
$16.00
$25.00
$30.00
$659.13
Firemen's Association of the State of PA
York County Heritage Trust
Spring Grow Ave. Historical Preservation Society
Order Sons of Italy in America
Seven Valley Fire Co.
Jefferson Co. Lions Club
Alice Paul Institute
Jefferson County Lions Club
Jefferson Community Lions Club
Jefferson Sportsman's Club
Jefferson Volunteer Fire Company
York County Parks Fundraising Charitable Trust
Jefferson Community Lions Club
2005 Recipient
The Humane Society of the US
York County Heritage Trust
PA Fire Police Association
Spring Grove Area Historical Preservation
Society
The Humane Society of the US
Community Fire Company Inc. of Seven
Valleys
Order Sons of Italy in America
Alice Paul Institute
Jefferson Community Lions Club
APWA York County Branch
Jefferson Community Lions Club
The Humane Society of US
Jefferson Community Lions Club
Tri Community Ambulance Association
North Codorus Twp Fire Company
Jefferson Volunteer Fire Company
Jefferson Sportsman's Association
Jefferson Community Lions Club
Firemen's Association of State of PA
Iona College Fund
American Public Works Association York
Chapter
30. Payments totaling $10,055.33 were made by Green between 2001 and 2005 for
the following memorial and civil donation purposes:
Green, 05 -060
Page 22
2001 Donations
Check
Date
1/12/01
2/7/01
3/10/01
4/2/01
4/10/01
5/20/01
6/4/01
6/4/01
6/17/01
7/3/01
7/5/01
7/11/01
7/11/01
7/12/01
7/15/01
8/1/01
8/9/01
8/30/01
9/8/01
9/27/01
9/27/01
9/27/01
9/27/01
10/3/01
10/3/01
10/8/01
10/10/01
10/10/01
10/20/01
11/2/01
11/10/01
11/17/01
11/27/01
12/5/01
12/12/01
12/17/01
12/17/01
12/26/01
12/28/01
12/30/01
2002 Donations
Check
Date
1/6/02
1/7/02
Check #
1994
1991
2011
2019
2029
2050
2058
2061
2070
2084
2086
2093
2092
2095
2097
2111
2116
2124
2129
2138
2140
2141
2142
2147
2146
2149
2150
2153
2161
2168
2173
2177
2183
2193
2198
2205
2203
2209
2213
2215
2001 Total:
Check #
2230
2218
Amount
$30.00
$25.00
$40.00
$25.00
$2.00
$25.00
$125.00
$16.00
$48.25
$20.00
$20.00
$50.00
$98.90
$20.00
$20.00
$20.00
$20.00
$20.00
$25.00
$30.00
$5.00
$25.00
$10.00
$40.00
$5.00
$15.00
$15.00
$40.00
$15.00
$20.00
$10.00
$41.25
$60.00
$10.00
$24.00
$300.00
$114.00
$60.00
$100.00
$30.00
$1,619.40
2001 Recipient
Jefferson Community Lions Club
Trinity Lutheran Church
Stoverstown Athletic Association
Leukemia and Lymphoma Society
Firemen's Benevolent Fund of Mt. Vernon NY
St. Jacob's (Stone) Lutheran Church
St. Emmanuel Burial Association
American Heritage
Jefferson Community Lions Club
Memorial Fund of Trinity Lutheran Church
Maryland Line Animal Rescue
North Codorus Township Fire Company
New Salem Lions
American Heart Association
Christ United Church of Christ Memorial Fund
St. Jacob's (Stone) Lutheran Church
Victim Assistance Center
YNC Literacy Day
Trinity Lutheran Church Memorial Fund
Jefferson Community Lions Club
Jefferson Community Lions Club
Jefferson Community Lions Club
Jefferson Community Lions Club
York Rescue Mission
The Lazarus Foundation
Jefferson Volunteer Fire Company
White Rose Hospice
Stoverstown Athletic Association
Trinity Lutheran Church Memorial Fund
Friends of Guernsey Bridge Inc.
Jefferson Volunteer Fire Company
Christ United Church of Christ
Christ United Church of Christ
Columbia Lodge #1074 Elks
Christ United Church of Christ
Jefferson Volunteer Fire Company
Jefferson County Lions Club
Jefferson Volunteer Fire Company
Jefferson Community Lions Club
Jefferson Volunteer Fire Company
Amount 2002 Recipient
$40.00 Jefferson Community Lions Club
$30.00 Seven Valleys Fire Company
Green, 05 -060
Page 23
1/26/02
2/2/02
3/1/02
3/1/02
3/20/02
5/26/02
5/26/02
6/12/02
6/14/02
7/1/02
7/16/02
7/16/02
7/26/02
8/12/02
9/5/02
9/10/02
9/16/02
9/16/02
9/27/02
10/10/02
10/16/02
10/17/02
10/30/02
11/6/02
11/16/02
11/16/02
11/16/02
12/1/02
2003 Donations
Check
Date
3/27/03
4/4/03
4/5/03
4/11/03
4/11/03
4/12/03
4/13/03
5/11/03
6/2/03
6/18/03
6/23/03
7/1/03
8/28/03
9/6/03
2229
2233
2246
2247
2260
2293
2294
2303
2305
2314
2321
2322
2331
2340
2351
2354
2358
2359
2369
2377
2380
2381
2391
2395
2401
2402
2400
2413
2002
Total:
Check #
2489
2494
2497
2500
2499
2503
2504
2521
2532
2541
2544
2550
2585
2588
$20.00
$20.00
$20.00
$20.00
$40.00
$20.00
$20.00
$30.00
$100.00
$125.00
$20.00
$20.00
$20.00
$98.00
$25.00
$50.00
$25.00
$40.00
$25.00
$25.00
$50.00
$30.00
$6.75
$50.00
$18.00
$50.00
$108.00
$300.00
$1,445.75
Amount
$12.00
$20.00
$20.00
$18.75
$2.00
$50.00
$10.00
$20.00
$13.73
$20.00
$40.00
$20.00
$100.00
$20.00
Jefferson Community Lions Club
Christ UCC
St. Paul United Church of Christ
St. Paul's Lutheran Church of Stoverstown
Stoverstown Athletic Association
St. Paul's Lutheran Church Organ Fund
Trinity UCC Community Trust Fund
Christ United Church of Christ Pew Fund
Bethlehem United Methodist Church
St. Emmanuel Burial Fund
American Cancer Society
St. Peter's (Leschey's) UCC Memorial Fund
Salem UCC Memorial Fund
Jefferson Volunteer Fire Company
The York County (undistinguishable)
Development Corporation
Tri community Ambulance Association
Jefferson Community Lions Club
Jefferson Community Lions Club
Bethlehem United Methodist Church Building
Fund
Jefferson Community Lions Club
Tressler Refuge & Immigration SVC
Codorus Valley Area Historical Society
Lancaster City Firemen's Association
York Rescue Mission
Christ United Church of Christ
Codorus Creek Improvement Project
Christ United Church of Christ
Jefferson Volunteer Fire Company
2003 Recipient
Spring Grove Area Heritage Restoration Society
Bell Socialization Services Inc.
York County Fire Police Association
PA Firemen's
Firemen's Benevolent Fund of Mt. Vernon NY
York County Literacy Council
Animal Rescue Inc.
York Rescue Mission
York County Heritage Trust
Bible Helps
Jefferson County Lions Club
York Rescue Mission
Jefferson Volunteer Fire Company
Warner Grandchildren Trust Fund
Green, 05 -060
Page 24
9/13/03
9/13/03
9/15/03
9/17/03
9/17/03
10/1/03
10/1/03
10/8/03
10/17/03
10/19/03
10/21/03
11/15/03
11/24/03
11/30/03
12/8/03
12/14/03
12/15/03
2004 Donations
Check
Date
1/2/04
1/7/04
2593
2594
2596
2601
2603
2615
2616
2621
2626
2628
2630
2644
2653
2654
2662
2669
2672
2003
Total:
Check #
2682
2683
1/7/04 2684
1/8/04 2685
2/1/04 2700
2/27/04 2715
3/3/04 2717
3/10/04 2720
3/10/04 2722
3/10/04 2723
3/12/04 2726
3/12/04 2727
3/19/04 2734
3/20/04 2735
4/14/04 2749
4/15/04 2752
4/16/04 2750
5/28/04 2773
6/12/04 2778
7/24/04 2800
7/24/04 2801
8/1/04 2811
8/7/04 2812
8/13/04 2817
8/23/04 2823
$25.00
$25.00
$3.00
$53.70
$40.00
$20.00
$25.00
$75.00
$10.00
$25.00
$40.00
$40.00
$120.00
$100.00
$10.00
$330.00
$113.00
$1,421.18
Amount
$100.00
$50.00
$20.00
$20.00
$20.00
$40.00
$20.00
$99.00
$52.00
$10.00
$25.00
$50.00
$40.00
$40.00
$35.00
$2.00
$50.00
$20.00
$10.00
$10.00
$20.00
$20.00
$50.00
$20.00
$20.00
Trinity Lutheran Church Memorial Fund
St. Jacob's (Stone) Lutheran Church
Eastern Paralyzed Veterans Association
York Rescue Mission
Jefferson Community Lions Club
York Rescue Mission
York County Council of Churches
Jefferson County Lions Club
Sons of Italy Foundation
Christ United Church of Christ
Stoverstown Athletic Association
Christ United Church of Christ
Christ United Church of Christ
York County Literacy Council
Jefferson Volunteer Fire. Co.
Jefferson Volunteer Fire. Co.
Jefferson County Lions Club
2004 Recipient
Jefferson County Lions Club
Christ United Church of Christ
St. Jacob's (Stone) Church Cemetery
Association
York Rescue Mission
Memorial Fund of St. Paul's (undistinguishable)
(undistinguishable) UCC
Jefferson Co. Lions Club
York Rescue Mission
Jefferson Volunteer Fire Company
Firehouse
North Shore Annual League Association
York Health Foundation for VNA Hospice
Tri Community Ambulance Association
York Cancer Center Patient Help Fund
Stoverstown Athletic Association
North Codorus Twp. Fire Company
Firemen's Benevolent Fund of Mt. Vernon NY
Glen Rock Beautification Committee
York Rescue Mission
Sons of Italy Foundation
Sons of Italy Foundation
York Cancer Society
Christ United Church of Christ
Seven Valley Fire Company
St. Jacob's Lutheran Church
St. David's United Church of Christ
Green, 05 -060
Page 25
8/28/04
9/11/04
9/19/04
9/27/04
10/2/04
10/13/04
10/16/04
10/20/04
10/20/04
10/20/04
10/25/04
11/6/04
11/8/04
11/11/04
11/13/04
11/14/04
11/14/04
11/29/04
12/1/04
12/23/04
12/25/04
2005 Donations
Check
Date
1/6/05
1/7/05
1/15/05
2829
2835
2838
2845
2847
2853
2854
2858
2857
2858
2864
2867
2868
2870
2871
2877
2878
2886
2887
2899
2902
2004
Total:
Check #
2908
2909
2920
1/27/05 2929
2/13/05 2939
2/28/05 2949
2/28/05 2950
3/4/05 2952
4/15/05 2976
4/18/05 2979
4/21/05 2980
5/5/05 2991
5/29/05 3007
5/29/05 3010
5/31/05 3013
8/3/05 3057
8/3/05 3058
8/22/05 3066
8/30/05 3074
9/1/05 3075
9/5/05 3077
$20.00
$40.00
$30.00
$100.00
$98.00
$8.00
$100.00
$40.00
$20.00
$10.00
$100.00
$25.00
$10.00
$105.00
$100.00
$20.00
$20.00
$140.00
$20.00
$300.00
$20.00
$2,169.00
Amount
$100.00
$30.00
$20.00
$12.00
$21.00
$20.00
$5.00
$40.00
$2.00
$50.00
$49.00
$60.00
$20.00
$5.00
$20.00
$10.00
$50.00
$100.00
$20.00
$60.00
$50.00
York Rescue Mission
Jefferson Community Lions Club
ALS Association
Bell Socialization Services Inc.
Jefferson Volunteer Fire Company
Humane Society of the US
York Union Rescue Mission Inc.
Stoverstown Sportsman's Association
March of Dimes
American Humane Association
Jefferson Community Lions Club
York Cancer Center Patient Help Fund
Jefferson Volunteer Fire Company
Jefferson County Lions Club
Harvest of Hope Food Pantry
Trinity Lutheran Church
St. Peter's (Leshey) UCC
Christ United Church of Christ
York Rescue Mission
Jefferson Volunteer Fire Company
Bethlehem United Methodist Church
2005 Recipient
Jefferson Community Lions Club
Jefferson Volunteer Fire Co.
COPS
Spring Grove Area Historical Preservation
Society
Spring Grove Area Historical Preservation
Society
York Rescue Mission
Sons of Italy Foundation
Stoverstown Athletic Association
Firemen's Association of Mt. Vernon NY
Christ United Church of Christ
Jefferson Volunteer Fire Company
Jefferson Carnival Contribution
York Rescue Mission
Mason Dixon Lodge #2669
Homewood at Plum Creek
Animal Rescue Inc.
Glen Rock Beautification Committee
Bethlehem United Methodist Church
York Rescue Mission
Dallastown Beautification Committee
American Red Cross
Green, 05 -060
Page 26
9/8/05
9/16/05
9/18/05
9/22/05
9/24/05
10/2/05
10/9/05
10/16/05
11/15/05
11/15/05
11/16/05
11/18/05
11/18/05
11/20/05
11/27/05
11/27/05
11/29/05
12/3/05
12/4/05
12/4/05
12/7/05
12/7/05
12/15/05
12/16/05
12/22/05
12/22/05
12/23/05
12/28/05
12/29/05
12/30/05
3078
3085
3087
3090
3124
3131
3139
3144
3097
3103
3098
3101
3102
3104
3112
3113
3115
3119
3120
3152
3153
3154
3159
3160
3164
3166
3167
3170
3169
3171
2005
Total:
31. Between 2001 and 2005 Green in his capacity as Mayor of Jefferson Borough,
received payments totaling $60,078.00 for performing wedding ceremonies.
a. Green reported income received from performing wedding ceremonies on
Federal Income Tax Returns filed with the Internal Revenue Service as
follows:
1. 2001: $12,864.00
2. 2002: $10,550.00
3. 2003: $12,385.00
4. 2004: $11,367.00
5. 2005: $12,912.00
Total $60,078.00
$100.00
$20.00
$50.00
$100.00
$40.00
$10.00
$20.00
$20.00
$50.00
$50.00
$100.00
$50.00
$100.00
$300.00
$100.00
$20.00
$200.00
$152.00
$100.00
$50.00
$50.00
$100.00
$50.00
$25.00
$360.00
$50.00
$50.00
$50.00
$239.00
$50.00
$3,400.00
Jefferson Community Lions Club
Mt. Zion United Church of Christ
York Rescue Mission
Jefferson County [sic] Lions Club
Jefferson Community Lions Club
American Diabetes Association
Trinity Lutheran Church
York Health Foundation for VNA Hospice
Trinity Lutheran Church
Community Progress Council
The Salvation Army
American Diabetes Association
Bell Socialization Service
Lost and Found Horse Rescue
Christ United Church of Christ
York County Parks Foundation Charitable Trust
York Rescue Mission
Christ United Church of Christ
York County Literary Council
The ALS Association
Shiloh UCC Buddy Fund
American Red Cross
St. Paul's Lutheran Church
American Heart Association
Jefferson Volunteer Fire Co.
Mt. Carmel Lutheran Church
Christ United Church of Christ
March of Dimes
Jefferson County Lions Club
Greenmount Cemetery Association
Green, 05 -060
Page 27
32. Green's Federal Income Tax Returns covering calendar years 2001 through 2005
also included the following expense deductions by year.
a. 2001
Advertising
Car expenses
Insurance
Office expense
Meals
Business Supplies
Other Property
b.
2002
Advertising
Car expenses
Insurance
Meals
Phone
Office Expense
Supplies
c. 2003
Advertising
Car expenses
Depreciation
Office expense
Supplies
Meals
Insurance
d. 2004
Advertising
Car expenses
Depreciation
Insurance
Office expense
Meals
e. 2005
Car expenses
Depreciation
Insurance
Office expense
Meals
Phone
$ 441.00
$4,549.00
$ 258.00
$ 558.00
$ 705.00
$ 528.00
$ 100.00
$ 402.00
$3,889.00
$ 309.00
$ 269.00
$ 809.00
$ 760.00
$ 963.00
$ 304.00
$4,105.00
$ 139.00
$ 143.00
$ 735.00
$ 475.00
$ 309.00
$ 402.00
$3,531.00
$ 278.00
$ 309.00
$ 756.00
$ 416.00
$4,045.00
$ 278.00
$ 309.00
$ 752.00
$ 261.00
$1,328.00
Phone
Civil Donations
Memberships
Memorials
Postage
Publications
2001 Expense Total:
Civil Donations
Memberships
Memorials
Postage
Publications
2002 Expense Total:
Phone
Civil Donations
Memberships
Memorials
Postage
Publications
2003 Expense Total:
Phone
Civil Donations
Memberships
Memorials
Publications
2004 Expense Total:
Civil Donations
Memberships
Memorials
Publications
Postage
$ 768.00
$1,072.00
$ 706.00
$ 675.00
$ 20.00
$ 357.00
$10,737.00
$ 1,427.00
$ 763.00
$ 510.00
$ 20.00
$ 334.00
$10,455.00
$ 857.00
$ 1,382.00
$ 530.00
$ 130.00
$ 43.00
$ 294.00
$ 9,445.00*
$ 711.00
$1,345.00
$ 688.00
$ 455.00
$ 307.00
$9,198.00
$1,640.00
$ 820.00
$ 591.00
$ 232.00
$ 111.00
$10,367.00
2005 Expense Total:
f. Total of claimed expenses from 2001 -2005 is $50,202.00.*
*[sic]. [There is a $1 error in the calculation, in favor of the Respondent. We
accept the amount as stipulated by the parties.]
33. Although Green claimed expenses on his Federal Tax Returns in relation to the
performance of marriage ceremonies for advertisements, donations, memberships,
memorials and publications, such expenses would not have been incurred by the
Expenses
2001
2002
2003
2004
2005
Total
Advertisements
$ 441
$ 402
$ 304
$ 402
$ 0
$ 1,549
Civil Donations
$ 1,072
$ 1,427
$ 1,382
$ 1,345
$ 1,640
$ 6,866
Memberships
$ 206 **
$ 530 **
$ 688 **
$ 820 **
$ 820
$ 3,507
Memorials
$ 675
$ 510
$ 130
$ 455
$ 591
$ 2,361
Publications
$ 357
$ 334
$ 294
$ 307
$ 232
$ 1,524
Total
$ 3,251
$ 3,436
$ 2,640
$ 3,197
$ 3,283
$ 15,807
Green, 05 -060
Page 28
borough.
34. Green's claimed expenses for these items totaling $15,807 were as follows:
* *[sic]. [See, Finding 32. Consistent with Finding 32, for 2001 -2005, the total of the
claimed expenses for memberships was $3,507 and the total of the claimed
expenses for advertisements, civil donations, memberships, memorials, and
publications was $15,807.]
35. Subtracting the above amount ($15,807) from Green's total claimed expenses of
$50,202 results in remaining expenses totaling $34,395.
a. These expenses were for items such as mileage, supplies, office expenses,
etc.
b. These expenses were the type of expenses that would have been incurred
by the borough and for which Green in his mayoral position could have been
reimbursed.
36. The difference between the remaining expenses in Finding No. 35 above ($34,395),
and the total received from performing the wedding ceremonies ($60,078) during
the relevant time period (2001 -2005) equals $25,683.
37. At least $25,653 in income after expenses would have been received by the
borough had Green turned over fees that he received from the performance of
wedding ceremonies.
a. Green did not transmit these funds to the borough.
38. The issue of Mayor Green accepting payments for performing wedding ceremonies
was discussed and acted upon by Jefferson Borough Council in November 2005.
39. Minutes from Jefferson Borough Council['s] November 7, 2005, meeting include the
following recorded discussion and official action taken to address the Mayor's
receipt of "donations" for performing wedding ceremonies:
a. At this meeting, Conrad Eiben made a motion for the Borough to set up a
separate account as a Marriage Fund for which money would be received
and donations received would be directed to charitable use and
expenditures for the Mayor's expenses in performing these services would
be reimbursed. Motion seconded by Sam Heltzel. Motion carried."
40. Since January 1, 2006, monies received by Green from performing wedding
ceremonies have been turned into borough secretary /treasurer Dolores Barczak
monthly to be deposited into a separate borough account specifically designated for
wedding funds received.
a. When submitting funds, Green will provide Councilman Conrad Eiben, a
Green, 05 -060
Page 29
65 Pa.C.S. § 1103(a).
member of the finance committee, a listing of marriages performed for the
month, a list of expenses incurred and invoices /receipts to verify those
expenses.
b. Eiben will audit /review the expenses listed by Green and sign off on the
expense list if approved.
c. The expense sheets are then forwarded to the board for approval.
d. To date, council has been approving the expenses that Green submits and
issues checks to entities of Green's choice.
III. DISCUSSION:
At all times relevant to this matter, Respondent Robert Green (also referred to
herein as "Respondent," "Respondent Green," or "Green ") has been a public official
subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65
Pa.C.S. § 1101 et seq.
The allegation is that Green as Mayor of Jefferson Borough, York County, violated
Sections 1103(a) and 1103(d) of the Ethics Act when he accepted fees as Mayor for
performing wedding ceremonies, which fees were beyond the compensation provided by
law.
Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. - -No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
The Ethics Act defines the term "conflict" or "conflict of interest" as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official /public
Green, 05 -060
Page 30
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
Section 1103(d) of the Ethics Act provides that no public official shall accept an
honorarium:
§ 1103. Restricted activities.
(d) Honorarium. - -No public official or public employee
shall accept an honorarium.
65 Pa.C.S. § 1103(d). The Ethics Act defines the term "honorarium" as follows:
§ 1102. Definitions
"Honorarium." Payment made in recognition of
published works, appearances, speeches and presentations
and which is not intended as consideration for the value of
such services which are nonpublic occupational or
professional in nature. The term does not include tokens
presented or provided which are of de minimis economic
impact.
65 Pa.C.S. § 1102.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are reproduced above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Respondent Green has served as Mayor of Jefferson Borough ( "Borough "), York
County, from January of 1994 to the present. In his official capacity as Borough Mayor,
Green is authorized under Pennsylvania law to perform marriage ceremonies. See, 23
Pa.C.S. § 1503(a)(5). Green is paid for this duty, as well as for his other duties as Mayor,
via the annual compensation he receives pursuant to Section 1025 of the Borough Code.
See, 53 P.S. § 46025. Based upon the Borough's population, which is less than 5,000,
Green's compensation is statutorily limited such that it may not exceed a maximum of
$2,500 per year. Id. In 2001, 2002, 2004, and 2005, Green received compensation from
the Borough in the amount of $1,500 per year. In 2003, Green received compensation
from the Borough in the amount of $1,375.
The Borough Code provides that any salary paid to a mayor pursuant to an
ordinance shall be in lieu of all costs and fees collected by the mayor and that all costs
and fees collected by the mayor shall be turned into the borough treasury. 53 P.S. §
46026. Additionally, a borough mayor is subject to the following statutory duty:
§ 46029. Duties of mayor
It shall be the duty of the mayor:
(3) To keep correct accounts of all moneys received by him, to
render to the council at least once a month an itemized
statement of all such moneys so received since the last such
statement, with the date at which and the purpose for which
and the names of the persons from whom the same was
received, and to pay all such moneys into the borough
Green, 05 -060
Page 31
treasury, ... .
53 P.S. § 46029(3).
Since September 1, 1996, Green has performed marriages in his official capacity as
Borough Mayor. Green has promoted himself as being the "Marrying Mayor of Jefferson."
Green informs inquiring couples that there is no set charge /fee for performing the
marriage ceremony. Green advises inquiring couples that they may donate an amount
they are comfortable in giving, but that they are not required to do so. Green has received
cash and check donations in amounts ranging from $10 to $300 for performing marriage
ceremonies. Green has informed those couples making donations that he will use the
money to cover his expenses and the remainder will be donated to charity.
From 2001 through 2005, Green performed 1090 wedding ceremonies. During that
same time period, Green received payments totaling $60,078 for performing wedding
ceremonies. Green's business records reflect he reimbursed himself in the total amount of
$15,980.12 for miles traveled for performing marriage ceremonies from 2001 through 2005.
From 2001 through 2005, monies collected by Green for performing wedding
ceremonies were not turned into the Borough treasury. Some of the funds Green received
for performing wedding ceremonies were deposited into a personal bank account
controlled by Green and his wife. Green has also used this account to deposit funds not
related to payments /donations received from newlyweds.
As detailed in Finding 21, between 2001 and 2005 Green made payments totaling
$22,131.81 for personal items from the same account into which Green deposited
payments received for performing wedding ceremonies. The parties have stipulated that
such payments included certain checks totaling $7,000 used to purchase Prudential funds,
which payments consisted in part of money Green received for performing marriage
ceremonies.
As detailed in Finding 29, between 2001 and 2005 Green made payments totaling
$2,264.25 for various memberships using funds he received as a result of performing
wedding ceremonies.
As detailed in Finding 30, between 2001 and 2005 Green made payments totaling
$10,055.33 for memorial and civil donation purposes.
On Federal Income Tax Returns filed with the Internal Revenue Service for calendar
years 2001 -2005, Green reported income totaling $60,078 received from performing
wedding ceremonies, as well as expenses totaling $50,202. During the time period of
2001 through 2005, the difference between the total amount Green received for performing
wedding ceremonies ($60,078) and the portion of the claimed expenses for which Green
as Mayor could have been reimbursed by the Borough if the monies had been handled by
the Borough ($34,395) was $25,683.
Since January 1, 2006, monies received by Green from performing wedding
ceremonies have been turned into the Borough Secretary /Treasurer on a monthly basis to
be deposited into a new, separate Borough account specifically designated for wedding
funds received. Green now submits supporting documentation as to the wedding
ceremonies he performs and his related expenses. A finance committee member
audits /reviews such supporting documentation, and Green's expense sheets are forwarded
to Council for approval.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
Green, 05 -060
Page 32
The parties' Consent Agreement sets forth a proposed resolution of the allegation
as follows:
3. The Investigative Division will recommend the following in relation to
the above allegations:
a. That an unintentional violation of Section 1103(a) of the Public
Official and Employee Ethics Law, 65 Pa.C.S. §1103(a)
occurred in relation to Green accepting money for performing
wedding ceremonies which were beyond the compensation
provided by law.
b. That an unintentional violation of Section 1103(d) of the Public
Official and Employee Ethics Law, 65 Pa.C.S. §1103(d)
occurred when Green accepted honoraria for performing
wedding ceremonies as Mayor which fees were beyond the
compensation provided by law.
4. Green agrees to make payment in the amount of $25,683 in
settlement of this matter payable to Jefferson Borough and forwarded
to the Pennsylvania State Ethics Commission within thirty (30) days of
the issuance of the final adjudication in this matter.
5. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other authority
to take action in this matter. Such, however, does not prohibit the
Commission from initiating appropriate enforcement actions in the
event of Respondent's failure to comply with this agreement or the
Commission's order or cooperating with any other authority who may
so choose to review this matter further.
6. Green agrees to waive his rights to an evidentiary hearing and
appellate rights without prejudice to so proceed in the event that the
State Ethics Commission does not accept this agreement.
Consent Agreement, at 1 -2.
In considering the Consent Agreement, we note that this case is similar to the Keller
case decided by this Commission in 2003. See, Keller, Order 1282, aff'd., Keller v. State
Ethics Commission, 860 A.2d 659 (Pa. Cmwlth. 2004). In the Keller case, a borough
mayor had retained monies paid by couples for whom the mayor had performed marriage
ceremonies. The mayor deposited such monies into a personal bank account and used
the funds for donations to charitable /civic organizations. By law, the mayor was only
entitled to receive his Borough salary. We determined that the monies the mayor had
received for performing marriage ceremonies constituted additional compensation that was
not authorized in law. Noting that the mayor deposited such payments into a personal
bank account, made the decisions as to how the funds would be distributed, and also
obtained political gain through favorable publicity he received as a result of charitable
donations made using the funds, this Commission found that the mayor had violated
Section 1103(a) of the Ethics Act. On appeal, our decision was affirmed by the
Commonwealth Court of Pennsylvania. Keller v. State Ethics Commission, supra.
Similarly, in the instant matter, it is clear that the elements for the recommended
unintentional violation of Section 1103(a) have been established. There were uses of
authority of office by Green. But for the fact that Green was Borough Mayor, he would not
Green, 05 -060
Page 33
have been in a position to perform marriage ceremonies and to receive payments for doing
so. See, Keller, supra. Further, the payments Green received for performing marriage
ceremonies resulted in a private pecuniary benefit to Green consisting of unauthorized
compensation beyond the annual salary Green was entitled to receive. See, 53 P.S. §
46025. As noted above, the Borough Code provides that any salary paid to a mayor
pursuant to an ordinance shall be in lieu of all costs and fees collected by the mayor and
that all costs and fees collected by the mayor shall be turned into the borough treasury. 53
P.S. § 46026; see also, 53 P.S. § 46029(3). Green did not turn over to the Borough
treasury the payments he collected for performing marriage ceremonies as Borough
Mayor. Rather, Green retained such payments, depositing some of them into a personal
bank account controlled by Green and his wife. Green made the decisions as to how
these funds would be distributed.
During the time period of 2001 through 2005, the difference between the total
amount Green received for performing wedding ceremonies ($60,078) and the portion of
the claimed expenses for which Green as Mayor could have been reimbursed by the
Borough if the monies had been handled by the Borough ($34,395) was $25,683. We
determine that Green received a private pecuniary benefit in the amount of $25,683 when
he retained payments that he received for performing wedding ceremonies as Borough
Mayor during the time period from 2001 through 2005.
Based upon the Stipulated Findings, it would appear that Green did not intend to
violate the Ethics Act in taking the above actions. Although intent is not a requisite
element for a violation of the Ethics Act, Yocabet v. State Ethics Commission, 531 A.2d
536 (Pa. Cmwlth. 1987), it is one of the factors that this Commission may consider in
determining the proper disposition of a case. We conclude that the application of the law
to the facts before us supports a finding that an unintentional violation of Section 1103(a)
of the Ethics Act occurred in relation to Green accepting money for performing wedding
ceremonies, which payments were beyond the compensation provided by law. See, Keller,
supra.
We shall now consider the parties' recommendation that we hold that an
unintentional violation of Section 1103(d) of the Ethics Act occurred when Green accepted
honoraria for performing wedding ceremonies as Mayor, which fees were beyond the
compensation provided by law. A public official is prohibited from accepting honoraria, 65
Pa.C.S. § 1103(d), and to the extent honoraria are accepted, they constitute unauthorized
compensation.
In applying the statutory definition of "honorarium" to the payments in question, we
conclude that the payments to Green for performing marriage ceremonies were payments
made in recognition of appearances, speeches and /or presentations by Green made in his
official capacity as Mayor. We note that the statutory definition of the term "honorarium"
excludes "tokens presented or provided which are of de minimis economic impact." 65
Pa.C.S. § 1102. Factually, the parties have stipulated that from 2001 through 2005, Green
received payments totaling $60,078 for performing wedding ceremonies. The individual
payments, ranging from $10 to $300, were not large. However, given the significance of
the payments as a whole; the fact that if Green had turned these monies over to the
Borough treasury as he was required to do, the Borough's treasury would have been
enriched by $25,683 (after expenses) (cf., Keller, supra); and the fact that the parties are
in agreement that an unintentional violation of Section 1103(d) would be appropriate as
part of an overall settlement of this case, we hold that an unintentional violation of Section
1103(d) of the Ethics Act occurred when Green accepted honoraria for performing wedding
ceremonies as Mayor, which fees were beyond the compensation provided by law.
We determine that the Consent Agreement submitted by the parties sets forth the
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances. Accordingly, Green is directed to make
Green, 05 -060
Page 34
payment in the amount of $25,683 in settlement of this matter payable to Jefferson
Borough and forwarded to this Commission by no later than the thirtieth (30) day after the
mailing date of this Order.
Compliance with the foregoing will result in the closing of this case with no further
action by this Commission. Noncompliance will result in the institution of an order
enforcement action.
IV. CONCLUSIONS OF LAW:
1. Respondent Robert Green, as Mayor of Jefferson Borough, York County, from
January of 1994 to the present, has at all times relevant to this matter been a public
official subject to the provisions of the Public Official and Employee Ethics Act
( "Ethics Act "), 65 Pa.C.S. § 1101 et seq.
2. Green unintentionally violated Section 1103(a) of the Ethics Act in relation to his
acceptance of money for performing wedding ceremonies, which payments were
beyond the compensation provided by law.
3. Green unintentionally violated Section 1103(d) of the Ethics Act when he accepted
honoraria for performing wedding ceremonies as Mayor, which fees were beyond
the compensation provided by law.
In Re: Robert Green
ORDER NO. 1424
File Docket: 05 -060
Date Decided: 1/8/07
Date Mailed: 1/23/07
1 Respondent Robert Green ( "Green "), a public official in his capacity as Mayor of
Jefferson Borough, York County, from January of 1994 to the present,
unintentionally violated Section 1103(a) of the Ethics Act in relation to his
acceptance of money for performing wedding ceremonies, which payments were
beyond the compensation provided by law.
2. Green unintentionally violated Section 1103(d) of the Ethics Act when he accepted
honoraria for performing wedding ceremonies as Mayor, which fees were beyond
the compensation provided by law.
3. Per the Consent Agreement of the parties, Green is directed to make payment in
the amount of $25,683.00 in settlement of this matter payable to Jefferson Borough
and forwarded to this Commission by no later than the thirtieth (30 day after the
mailing date of this Order.
a. Compliance with the foregoing will result in the closing of this case with no
further action by this Commission.
b. Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair