Original Jurisdiction in the case of Delancey Davis v. Pittsburgh National Bank, Pennsylvania Public School Employees' Retirement System and Pennsylvania Public School Employees' Retirement Board.
Allen C. Warshaw, for petitioner.
Andrew H. Cline, Deputy General Counsel, with him, Eric B. Schnurer, Deputy General Counsel, for respondents.
President Judge Crumlish, Jr., Judge Doyle, and Senior Judge Narick, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge MacPhail did not participate in the decision in this case.
[ 120 Pa. Commw. Page 454]
The petitioner, Delancey Davis, and the Pennsylvania Public School Employees' Retirement System (System), the Pennsylvania Public School Employees' Retirement Board (Board), and Pittsburgh National Bank (PNB) (collectively, respondents), have filed cross motions for summary judgment in this Court's original jurisdiction.
Davis seeks a declaration that his legal services contract with PNB, the Board and System was improperly terminated. Respondents, in their cross motion for summary judgment, ask this Court to declare that that contract violated the Commonwealth Attorneys Act (Act)*fn1 and the Code of Professional Responsibility.*fn2 Respondents
[ 120 Pa. Commw. Page 455]
also seek restitution in the amount that Davis was compensated under his contract.
In 1982, Davis was appointed Deputy Attorney General. His duties included, inter alia, the review and approval of the System's real estate contracts and investments. In this capacity, Davis approved an agreement establishing PNB as trustee for those investments.
In 1986, Davis chose to leave the Attorney General's office and notified the Executive Director of the System, James A. Perry, that he intended to work for a Philadelphia bank. At that time, Perry advised Davis that if he could "figure out a way to do it,"*fn3 he could join the System as counsel in order to conduct the trust's real estate transactions. Following negotiations with the Board and PNB, Davis executed an agreement which PNB signed at Perry's direction.*fn4 Davis performed his duties under the contract and was provided with an office, telephone, and secretarial support by the System.*fn5
In March of 1987, the Governor's Office of General Counsel advised the Board that Davis' agreement was illegal and void. The Board then voted to direct PNB to terminate the agreement. Davis filed the instant petition for review; this Court denied the respondents' preliminary objections by Order dated June 3, 1987.
In support of his summary judgment motion, Davis contends that under the contract, PNB could have terminated him only for ...