21-3-302. Veterans Preference Law — Definition.

21-3-302. Veterans Preference Law — Definition. (a) This section shall be entitled the “Veterans Preference Law”. (b) For purposes of this section, “veteran” means: (1) A person honorably discharged from a tour of active duty, other than active duty for training only, with the United States Armed Forces; or (2) Any person who has served honorably in the National Guard or a reserve component of the United States Armed Forces for a period of at least six (6) years, whether the person has retired or been discharged or not. (c) A state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., or a school district as defined under § 6-20-1903, shall provide a veterans preference in interviewing and hiring to an applicant if the applicant: (1) Indicates on the employment application that he or she is: (A) A veteran; (B) A disabled veteran; or (C) The surviving spouse of a deceased veteran who is unmarried at the time of application for employment and remains unmarried until the decision to hire is made; (2) Is a citizen and resident of this state; and (3) Meets substantially equal qualifications of other applicants. (d)(1)(A) If an examination, evaluation, or similar instrument is given to establish a list of qualified candidates to be interviewed for a position at a state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., and an applicant entitled to a veterans preference under this section attains a passing grade, the applicant shall have five (5) points added to his or her final earned rating if the examination, evaluation, or similar instrument is subject to numerical scoring. (B) If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score. (2)(A) If the examination, evaluation, or similar instrument is not subject to numerical scoring, the selection authority shall demonstrate how veterans preference was applied in developing a list of qualified candidates to be interviewed and in selecting the successful candidate for the position. (B) If the selection authority used a scoring method other than numerical scoring, at the veteran's request the selection authority shall provide all documentation to the veteran to demonstrate to the veteran how the veterans preference was used to: (i) Develop a list of qualified candidates to be interviewed; and (ii) Select the successful candidate for the position. (3)(A) A veteran who established by the records of the United States Department of Veterans Affairs the existence of a service-connected disability, or a veteran who is over fifty-five (55) years of age, disabled, and entitled to a pension or compensation under existing laws, or the spouse of a veteran with a service-connected disability whose disability disqualifies him or her for selection shall have ten (10) points instead of five (5) points added to his or her final earned rating on the examination, evaluation, or similar instrument. (B) If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score. (4) This subsection does not require the selection authority to provide the veteran with testing materials or any other information concerning the successful candidate or other applicants that is not authorized for release under this subsection or authorized for release to the public under the Freedom of Information Act of 1967, § 25-19-101 et seq. (e) The qualified veteran's status shall be considered on questions of promotion and retention of employees according to § 21-3-304. (f) The names of candidates who have qualified in an examination, evaluation, or similar instrument given for the purpose of establishing an interview or employment list shall be entered on an appropriate register or list of eligibles in the following order: (1) Names of ten-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points; (2) Names of five-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points; and (3) Names of all other eligibles who do not have preference as provided in this section shall be placed on the register or applicant list in accordance with their ranking of eligibility points. (g) The persons entitled to preference shall not be disqualified from holding any position on account of age or by reason of any physical disability, provided that the age or disability does not render the person incapable to perform properly the duties of the position for which he or she applied. (h) This section does not apply to an elected official or political appointee in: (1) A state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq.; (2) A school district as defined under § 6-20-1903; or (3) The administrative assistant or secretary of an elected official or political appointee.