This article argues that the best interest of the public is served when at least some public employees receive some degree of job protection. However, there is also value in the argument that we no longer can justify the retention of a uniform system of traditional civil service protections for all public employees. Therefore, this article takes the position that this debate should not be framed as an "either/or" proposition between a rigid system of job protections for all (or most) employees on one hand and unfettered managerial discretion on the other. Instead, job protections should be context-based, varied depending upon the nature of service, and provided only when there is a clear connection between the adverse employment action in question and the public interest. The closer the connection between the public interest and the employment action, the stronger the job protections should be.
Jonathan Fineman, Cronyism, Corruption, and Political Intrigue: A New Approach for Old Problems in Public Sector Employment Law, 8 Charleston L. REV. 51 (2013).