Morkunas v. Anchorage Telephone Utility

MOORE, Justice,

with whom MATTHEWS, Chief Justice, joins, dissenting.

The terms and conditions of employment of an ATU executive employee are gov-emed exclusively by Personnel Rule 17, Former AMC 3.30.177. Therefore, the pre-demotion notice requirement found in Rule 7 does not apply to the demotion of an executive.

At the time of his demotion, Morkunas was an executive employee. He was not covered by Rule 7 until he became a partially exempt classified employee. By that time, the conditions of demotion were already established.

I would affirm the decision of the superi- or court on the ground that Morkunas was not entitled to pre-demotion notice of the probationary period as a matter of law.