JUNEAU (AP) — A federal judge last Friday sided with two psychiatrists who said they were wrongfully fired for political reasons when Gov. Mike Dunleavy took office in 2018.
Anthony Blanford and John Bellville, who worked at the Alaska Psychiatric Institute in Anchorage, declined to submit resignation letters requested by the chair of Dunleavy’s transition team and later by his chief of staff, Tuckerman Babcock. Blanford and Bellville subsequently were fired.
Attorneys for the men in court records argued that Babcock — in demanding resignations from a broad swath of public employees — “unquestionably sought to compel speech in support of Governor-elect Dunleavy’s political agenda.” They said the request sought to elicit “a pledge of loyalty” from employees.
In his decision, U.S. District Court Judge John Sedwick said the nature of the demand was “political.”
Babcock in November 2018 told a reporter that the newly elected governor wanted state employees to say, “Yes, I want to work for the Dunleavy administration.” The message was, he said, “Do you want to work on this agenda, do you want to work in this administration?”
The judge wrote that the scope of the demand for resignations, “which undisputedly went beyond what was customary during an administration transition, and extended to employees not occupying policymaking positions, demonstrates that the purpose went beyond routine employment action.”
“They were not actually asking at-will employees to resign en mass,” Sedwick continued. “Rather, they were asking employees to offer up their job to the new administration’s express approval on a basis left unclear, but with suggestive political underpinnings.”
The case was brought against Dunleavy, Babcock and the state. Dunleavy spokesperson Jeff Turner referred a request for comment to the Department of Law. Grace Lee, a department spokesperson, by email said the department was reviewing the order and considering its options.
Babcock is no longer with the administration.
Attorneys for Babcock and Dunleavy, in a court filing, said the “overwhelming majority” of the those who received resignation requests were retained “after they tendered their resignations and indicated an interest in continued service.”
Sedwick said the defendants “were requiring an ostensible commitment of political support, or at least deference, in return for continued employment, the effect of which was to either interfere with or chill employees’ exercise of protected First Amendment rights. Those that did not want to signal such a commitment, like Plaintiffs, were fired.”
Stephen Koteff, an attorney with the ACLU of Alaska Foundation representing Blanford and Bellville, said one issue to resolve would be damages.
The judge concluded that the political firings cannot be considered part of the duties as state officials. The governor and Babcock could be held personally liable and ordered to pay financial and other penalties. Further legal action will decide any penalties.
Koteff called Sedwick’s decision “a significant vindication for the free speech rights of state employees, all public employees for that matter.”
Koteff said Blanford had returned to work at the psychiatric facility with a contractor following his firing.
Sedwick is also assigned to a separate but similar case brought by former Department of Law attorney Elizabeth Bakalar, who also was fired by the new administration.
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