Federal Judge John Sedwick says at-will employees of the State of Alaska cannot be fired by incoming administrations.
In a ruling Friday, he said that two psychiatrists fired from the Alaska Psychiatric Institute by the incoming Dunleavy Administration were wrongly released, and that Gov. Mike Dunleavy and his former chief of staff Tuckerman Babcock violated the U.S Constitution and Alaska Constitution by firing them.
According to his ruling, a new governor does not have authority to replace key employees, per the Constitution.
Dunleavy asked about 800 high-level employees of the executive branch if they wanted to continue working for the new administration. That was interpreted by some as a “loyalty pledge.” The term stuck with the willing media. When the two psychiatrists refused to say they wanted to continue working for the new administration, they were released, and they went to the ACLU to sue.
The ruling may mean that governors can also not fire commissioners or directors left over from prior administration, or any others working in the state that are at-will employees.
Although the case was won in U.S. District Court, it’s unclear if the governor will direct the Department of Law to challenge the ruling in the Ninth Circuit. If he does not challenge the ruling, then a permanent class of state employees will be entrenched in the State of Alaska workforce, saddling future governors with people who may seek to undermine the state’s top executive.
