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MOORE v. STATE, DEPT. OF TRANSP.

No. S-5324.

875 P.2d 765 (1994)

Peter MOORE, Appellant, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellee.

Supreme Court of Alaska.

June 17, 1994.

Attorney(s) appearing for the Case

Kevin Dougherty, Anchorage, for appellant.

Carolyn E. Jones, Asst. Atty. Gen., Anchorage, Charles E. Cole, Atty. Gen., Juneau, for appellee.

James A. Gasper, Jermain, Dunnagan & Owens, P.C., Anchorage, for amicus curiae Public Safety Employees Ass'n.

Before MOORE, C.J., RABINOWITZ, MATTHEWS, COMPTON, JJ., and BRYNER, J. pro tem.

OPINION

ALEXANDER O. BRYNER, Justice, pro tem.

This appeal calls upon us to decide whether the merit principle of employment embodied in article XII, section 6 of the Alaska Constitution forbids state agencies from seeking to reduce public spending by "privatizing" state jobs — that is, by eliminating positions on the state workforce in favor of lower cost private contracts for the same services.

I. BACKGROUND

The facts are...

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