AN ACT Providing for Preference for Returned Veterans in Employment on All Public Works and Providing means for Enforcing the Right and declaring an Emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
In each public department and upon all public works of the State of North Dakota and of the counties, cities or villages therein, honorable discharged members of the Armed Forces who have defended this nation in time of war, or their widows, or their wives when the veteran is wholly incapacitated by reason. of disabilities not resulting from his own vicious habits, shall be preferred for appointment, and age, loss of limb or other physical impairment which does not in fact incapacitate the persons "from performing the duties of the positions sought, shall not disqualify them, if they possess the requisite qualifications and business capacity to discharge the duties of the positions involved. Provided further, that to be eligible under the provisions of this Act the person applying shall be a citizen of the United States and shall have been a resident of the State of North Dakota at the time of his or her induction or enlistment in the armed forces and where a county, city or village appointment is involved the applicant shall have been a resident of such political subdivision for at least six months immediately ·preceding the appointment sought.
A vacancy shall be considered to exist under the provisions of this Act whenever the term of the incumbent expires by reason of death, resignation, dismissal for cause or the expiration of the tenure of appointment requiring a new appointment. The replacemet of an incumbent by a veteran, widow or wife without such event occurring is not contemplated by the provisions of this act.
Exceptions.] Excepted from the provisions of this Act are the personal staff of the Governor and the first assistant or deputy of an elected department head plus the personal secretary of each elected official. There shall also be excepted from the operation of this act any temporary investigating committee or group appointed by the Governor or the Legislative Assembly. This Act shall not interfere with the regular operation of the Merit System, except that upon proof submitted showing honorable service during a war a veteran shall have 5% added to the rating which he obtains on examination and a disabled veteran with a service connected disability shall have 10% added to his rating so obtained.
Remedy.] Whenever an eligible veteran, widow or wife has made application for a public position and is refused an appointment for which he or she possesses the necessary qualifications, in violation of the spirit and intent of this act, then such person shall have the right to petition by verified petition the District Court of the State of North Dakota in the county in which the work is to be performed, setting forth the facts of his application qualifications, competency and honorable discharge entitling him or her to preference under this Act and upon the fling of such petition the Judge in said court shall forthwith issue an order to show cause to the appointing authority directing said authority to appear in said court at a specified time and place, not less than five nor more than ten days after the filing of 'said verified petition, to show cause, if any, he have why said veteran or person entitled to preference should not be employed by him and the said District Court shall have jurisdiction upon the proper showing to issue its order directing and ordering said appointing authority to comply with this law in giving the preference herein provided.
Should any part of this Act be declared invalid all other parts and provisions thereof shall remain in full force and effect.
AlI acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Emergency.] This act is hereby declared to be an emergency measure and the same shall be in full force and effect from and after its passage and approval.