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DAVID L. JANNETTA v. CATHERINE BAKER KNOLL (11/01/89)

decided: November 1, 1989.

DAVID L. JANNETTA, SECRETARY OF GENERAL SERVICES, PETITIONER,
v.
CATHERINE BAKER KNOLL, STATE TREASURER, AS A MEMBER OF THE BOARD OF COMMISSIONERS OF PUBLIC GROUNDS AND BUILDINGS; MICHAEL H. HERSHOCK, DESIGNEE OF THE GOVERNOR, AS A MEMBER OF THE BOARD OF COMMISSIONERS OF PUBLIC GROUNDS AND BUILDINGS; AND BARBARA HAFER, AUDITOR GENERAL, AS A PURPORTED MEMBER OF THE BOARD OF COMMISSIONERS OF PUBLIC GROUNDS AND BUILDINGS, RESPONDENTS



PETITIONER FOR REVIEW (IN THE NATURE OF AN ACTION FOR DECLARATORY JUDGMENT (WITH NOTICE TO PLEAD)

COUNSEL

Gary F. Ankabrandt, William W. Warren, Jr., Chief Counsel, Chief Procurement and Governmental Operations Unit, Charles E. Anderson, Dept. of General Services, Joseph D. Buckley, Asst. Counsel, Harrisburg, for petitioner.

Robert J. Schwartz, Deputy Chief Counsel, Law Dept., Dept. of Auditor General, Paul M. Yatron, Chief Counsel, Harrisburg, for respondent, Dept. of Auditor Gen.

Louis J. Rovelli, Executive Deputy Atty. Gen., Kate L. Mershimer, Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Harrisburg, for Atty. Gen. Ernest D. Preate, Jr.

Richard D. Spiegelman, Executive Deputy General Counsel, Ernest R. Closser III, Deputy General Counsel, Harrisburg, for Michael H. Hershock.

Bernard Chanin, James M. White, Harrisburg, for Catherine Baker Knoll.

Crumlish, Jr., President Judge, and Craig, Barry, Colins, Palladino, McGinley and Smith, JJ. Palladino, Judge, dissenting.

Author: Crumlish

[ 129 Pa. Commw. Page 462]

OPINION

The Commonwealth Secretary of General Services, David Jannetta (Secretary), has filed a petition for review in this Court's original jurisdiction seeking a declaratory judgment to prohibit respondent, Auditor General Barbara Hafer, from serving as a member of the Board of Commissioners of Public Grounds and Buildings (Board). The Secretary has also filed an application for summary relief and a motion for expedited consideration. The Auditor General has filed preliminary objections which are also now before us. We grant the Secretary's petition for declaratory judgment.

Under Sections 2402(d), 2407, 2409(x), and 2413 of The Administrative Code of 1929 (Administrative Code), Act of April 9, 1929, P.L. 177, as amended, 71 P.S. §§ 632(d), 637, 639(x), 643, the Board is authorized to approve or disapprove proposed real estate leases, automobile sales and sole source purchase contracts. Section 446 of the Administrative Code, 71 P.S. § 156, designates the Governor or his representative, the Auditor General and the State Treasurer as members of the Board.*fn1

Article 8, Section 10 of the Pennsylvania Constitution, an amendment adopted April 23, 1968, provides that:

Any Commonwealth officer whose approval is necessary for any transaction relative to the financial affairs of the Commonwealth shall not be charged with the function of ...


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