The Constitution and the Patronage-Merit Debate: Implications for Personnel Managers

Abstract

This article examines the effect of recent Supreme Court rulings concerning the First Amendment freedom of association rights of public employees. The question is framed under the rubric of partisan patronage cases related to personnel selection, dismissal and other actions. The Rutan v. Republican Party of Illinois case is highlighted in analyzing the key findings of the majority and minority opinions. Public managers are alerted to the practical implications of these judicial decisions so that legal challenges can be met. It is suggested that precision and clarity of job analysis, assessment methods, validity of interviewing and training in relevant understanding of constitutional decisions be implemented.