37-19.1-02. Public employment preference to veterans - Residency requirements
1. Veterans are entitled to preference, over all other applicants, in recruitment and
selection processes by governmental agencies, provided that such veteran is a United
States citizen at the time of application for employment. Veterans qualified for
preference may not be disqualified from holding any position with an agency because
of physical or mental disability, unless the disability renders them unable to properly
perform the duties of the position applied for. To receive veterans' preference, an
applicant must submit the following documentation:
a. An applicant claiming veterans' preference shall provide a copy of report of
separation DD-214 or certification from the applicant's unit command that the
individual is expected to be discharged or released from active duty in the
uniformed services under other than dishonorable conditions not later than
one hundred twenty days after the date of the submission of the certification.
b. An applicant claiming disabled veterans' preference shall provide a copy of report
of separation DD-214 and a letter less than one year old from the veterans'
administration indicating the veteran's disability status.
c. An applicant claiming veterans' preference as an eligible spouse of a deceased
veteran shall provide a copy of the marriage certificate, the veteran's report of
separation DD-214, and the veteran's death certificate.
d. An applicant claiming disabled veterans' preference as an eligible spouse of a
disabled veteran shall provide a copy of the marriage certificate, the veteran's
report of separation DD-214, and a letter less than one year old from the
veterans' administration indicating the veteran's disability status.
2. When a veteran applies for employment to a position that is not being filled through a
competitive personnel system, the officer, board, or person whose duty it is to employ
an individual to fill the available position shall investigate the qualifications of the
veteran. If the veteran is found to possess the qualifications required for the position
applied for, whether educational or by way of prior experience, and is physically and
mentally able to perform the duties of the position applied for, the officer, board, or
person shall employ the veteran. A disabled veteran is entitled to a preference superior
to that given other veterans under this section, which preference must be accorded in
the manner provided in this section. If the group of eligible individuals includes either
veterans or disabled veterans, the employing authority of that particular agency or
governmental agency shall make a selection for the available position as follows:
a. A disabled veteran is first entitled to the position and, in the absence of justifiable
cause, documented in writing, for not making that selection, must be so
employed. If the list includes two or more disabled veterans, then the employing
authority shall fill the position from the group of eligible individuals to be
considered. The employing authority may further inquire into the qualifications of
each eligible individual from within that group through means including interviews,
background checks, and skills testing. A disabled veteran from the group of
eligible individuals is first entitled to the position and, in the absence of justifiable
cause, documented in writing, for not making that selection, must be so
employed.
b. If the group of eligible individuals does not include one or more disabled veterans
and consists only of veterans, then the employing authority shall fill the position
from the group of eligible individuals to be considered. The employing authority
may further inquire into the qualifications of each eligible individual from within
that group through means including interviews, background checks, and skills
testing. A veteran from the group of eligible individuals is first entitled to the
position and, in the absence of justifiable cause, documented in writing, for not
making that selection, must be so employed.
c. If the group of eligible individuals includes nonveterans and veterans, but not
disabled veterans, then the employing authority shall fill the position from the
group of eligible individuals to be considered. The employing authority may
further inquire into the qualifications of each eligible individual from within that
group through means including interviews, background checks, and skills testing.
A veteran from the group of eligible individuals is first entitled to the position and
must be employed unless there is justifiable cause that is documented in writing
for not employing that veteran.
3. When a veteran applies for employment to a position that is being filled through a
competitive personnel system, the officer, board, or person whose duty it is to employ
an individual to fill the available position shall investigate the qualifications of the
veteran. If the veteran is found to possess the qualifications required for the position
applied for, whether educational or by way of prior experience, and is physically and
mentally able to perform the duties of the position applied for, the officer, board, or
person shall employ the following:
a. No distinction or discrimination may be made in the administration of the
competitive personnel system examination because the applicant may be a
veteran.
b. Upon receipt of proof required in subsection 1, on a one hundred point scale, the
examiner shall add five points for a veteran and ten points for a disabled veteran
to the examination grade of the applicant. The total is the veteran's examination
score. If a scale other than a one hundred point scale is used, the examiner shall
add five percent of the scale used for a veteran and ten percent of the scale used
for a disabled veteran to the examination grade of the applicant. The total is the
veteran's examination score.
c. The employing authority shall designate a prescribed number of eligible
individuals to be considered from the top number of the group of eligible
candidates in rank order, from highest to lowest, based on the applicant's final
score.
d. The employing authority shall fill the position from the group of eligible individuals
to be considered. The employing authority may further inquire into the
qualifications of each eligible individual from within that group through means
including interviews, background checks, and skills testing.
4. This section does not apply when the position to be filled is that of an administrative
head of a department required by law or the chief deputy or private secretary of an
elected or appointed official. Temporary committees and individual or group
appointments made by the governor or legislative assembly are also excepted from
the provisions of this section. If an exempt position is advertised, the advertisement
must state that veterans' preference does not apply to the position being advertised.
5. An employee of a state agency is not eligible for preference when applying for a
different job within the same state agency or other state agencies. An employee of a
political subdivision is not eligible for preference when applying for a different job within
the same political subdivision.
