Chapter 792 Oregon Laws 1999

Session Law

AN ACT

SB 831

Relating to veterans' preference in public employment; amending ORS 408.230 and 408.235.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 408.230 is amended to read:

408.230. (1) [Every] An eligible veteran [and] or eligible disabled veteran who has successfully completed all phases of a civil service test shall be allowed preference on the list established as a result of such test. If the test results in a score, preference means that to the score of a veteran who has passed a test five points shall be added, and to the score of a disabled veteran who has passed a test 10 points shall be added. All such points shall be added to the total combined test score of the veteran and shall not be allocated to any single feature or part of the examination. [Rating shall be based on a scale of 100 points as the maximum attainable except for the addition of the preference points allowed under this section] If the test consists of interviews, performance, evaluation of experience and training, a supervisor's rating or any other method of ranking applicants that does not result in a score, preference must still be provided to veterans and disabled veterans. Preference does not mean that veterans must be appointed to vacant positions, but does provide a uniform method by which special consideration is given to eligible veterans and disabled veterans seeking public employment.

(2) Any person who has been appointed permanently to a civil service position, granted military leave to serve in the armed services who would qualify as a veteran or disabled veteran and who has returned to duty in a permanent civil service position, shall be allowed such preference on any successfully completed promotion test for a position which would put the person in another class having a higher maximum salary rate.

SECTION 2. ORS 408.235 is amended to read:

408.235. (1) Except for a veteran described in subsection (2) of this section, a veteran is eligible to use the preference provided for in ORS 408.230 only for a position for which application is made within 15 years of discharge or release from service in the Armed Forces. Such time limit shall not apply in the case of a disabled veteran.

(2) A veteran whose service in the Armed Forces of the United States occurred between January 1, 1962, and May 7, 1975, within the borders of Vietnam, Cambodia, Laos or Thailand may use the preference provided for in ORS 408.230 only for a position for which application is made by July 1, 1999.

(3) Once a veteran has used the preference provided for in ORS 408.230 and has successfully completed trial service and attained regular employee status, the veteran may not use the preference again. The preference shall not be allowed on any promotion test for a civil service position except as provided in ORS 408.230 (2). Such [limitation shall] limitations do not apply [in the case of] to a disabled veteran [who is officially certified as having service-connected disabilities of 40 percent or more].

[(4) Except as provided in ORS 408.230 (2), the preference provided for in ORS 408.230 shall not be allowed on any promotion test for a civil service position. Such limitation shall not apply in the case of a disabled veteran who is officially certified as having service-connected disabilities of 30 percent or more.]

[(5) Notwithstanding ORS 408.230 and subsections (1) to (3) of this section, a veteran whose service on active duty in the Armed Forces of the United States occurred entirely on or after October 15, 1976, may not use the preference provided for in ORS 408.230 unless the veteran was in the theater of operations when the Armed Forces of the United States were engaged in armed conflict with military forces of another nation or with terrorist or other armed forces.]

Approved by the Governor July 20, 1999

Filed in the office of Secretary of State July 20, 1999

Effective date October 23, 1999

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