AN ACT to create and enact chapter 37-19.1 of the North Dakota Century Code, relating to preferences for veterans in gaining governmental employment, and providing means for enforcing those preferences; to amend and reenact section 37-15-08 of the North Dakota Century Code, relating to
appointment of subordinate officers of the soldiers home and to repeal chapter 37-19 and section 37-01-31 of the North Dakota Century Code, relating to governmental employment preferences for veterans.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:
SECTION 1.) Chapter 37-19.1 of the North Dakota Century Code is hereby created and enacted to read as follows:
37-19.1-01. DEFINITIONS. ) As used in this chapter:
"Veteran" shall be as defined in subsection 1 of section 37-01-40.
"Political subdivision" means counties, cities, townships: and any other governmental entity created by state law which employs persons either temporarily or permanently.
"Agency" or "governmental agency" means all political subdivisions and any state agency, board, bureau, commission, department: officer, and any state institution or enterprise authorized to employ persons either temporarily or permanently.
"Disabled veteran" means a veteran who is found to 4. be entitled to a 'service-connected disability rating as determined by the United States veterans' administration.
“Personnel system" means a personnel system based 5. on merit principles.
37-19.1-02. PUBLIC EMPLOYMENT PREFERENCE TO VETERANS - RESIDENCY REQUIREMENTS.)
Veterans who are North Dakota residents shall be entitled to preference, over all other applicants, in appointment or employment by governmental agencies, provided that such veteran is a United States citizen at the time of application for employment. Veterans qualified for preference shall not be disqualified from holding any position with an agency because of physical or mental disability, unless such disability renders them unable to properly perform
the duties of the position applied for.
When a veteran shall apply for appointment or employment under subsection 1, the officer, board, or person whose duty it is to appoint or employ a person to fill the available position shall, except where the veteran has been qualified for the position applied for under a personnel system, investigate the qualifications of the veteran. If the veteran is found to be physically and mentally able to perform the duties of the position applied for; the officer, board, or person shall appoint or employ him.
A disabled veteran shall be entitled to a preference superior to that given other veterans under this section, which preference shall be accorded in the manner provided in this section
Notwithstanding the preference provisions in subsections 1. 2, and 3. public employment preference for veterans by agencies or governmental agencies, as defined herein, which now have, or which may hereafter have, an established personnel system under which it maintains a register of persons eligible for employment and from which it certifies a prescribed number of names to that particular agency or governmental agency, shall be governed by the following:
No distinction or discrimination shall be made in the administration of the examination because the applicant may be a veteran.
Upon completion of the examination with a passing grade, the applicant shall be informed of a veteran' s rights to employment preference as hereinafter provided.
The applicant shall be required to furnish proof of his status as a veteran and, if disabled, proof of his disability, as defined herein.
Upon receipt of proof required in subsection c, the examiner shall add five points for a nondisabled veteran and ten points for a disabled veteran to the examination grade of the applicant, and the total shall be the veteran' s examination grade.
Upon request for the prescribed number of eligible persons from the eligibility registry, such number of eligible persons shall be certified from the top number of eligible persons and with such certified list of eligible persons there shall also be submitted a statement as to which of those so certified are veterans, disabled veterans, or nonveterans.
In the event the certified list of eligible persons includes either veterans or disabled veterans, the appointing or employing authority of that particular agency or governmental agency shall make a selection for the available position as follows:
A disabled veteran, without regard to his examination grade, shall first be entitled to the position and, in the absence of justifiable cause, documented in writing, for not making such selection, shall be so appointed or employed. If such list includes two or more disabled veterans, then the one with the highest examination grade shall first be entitled to the position and, in the absence of justifiable cause, documented in writing, for not making such selection, shall be so appointed or employed.
When such certified list of eligible persons does not include one or more disabled veterans and consists only of veterans, then the one with the highest examination grade shall first be entitled to the position and, in the absence of justifiable cause, documented in writing, shall be so appointed or employed; and
When such certified list of eligible persons includes nonveterans and veterans, but not disabled veterans, then the one with the highest examination grade, whether a nonveteran or a veteran, shall first be entitled to the position and, in the absence of justifiable cause, shall be so appointed or employed; and if the one with the highest examination grade is a veteran and is not appointed or employed , there must be justifiable cause documented in writing for not making such appointment or employment.
The provisions of this section shall not apply when the position to be filled is that of a superintendent of schools, teacher, 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 shall also be excepted from the provisions of this section.
37-19.1-03. PREFERENCES TO BE GRANTED VETERANS ' SPOUSES.)
The unremarried spouse of a veteran who died while in service or later died from a service-connected cause or causes, shall be entitled, if he is otherwise qualified, to the appointment or employment preference given to a veteran under section 37-19.1-02 in the manner provided therein.
The spouse of a disabled veteran, who is disabled due to a service-connected cause or causes, shall, if the disabled veteran is unable to exercise his right to a veteran's employment preference due to his disability, be entitled, if he is otherwise
qualified, to the appointment or employment preference given to a veteran under section 37-19.1-02 in the manner provided therein.
37-19.1--04. REFUSAL TO GIVE PREFERENCE a RETALIATORY ACTION OR REMOVAL - REMEDIES PROCEDURES.)
If a veteran, or a qualified veteran's spouse, is not given the preference provided in sections 37-19.1-02 or 37-19.1-03, he may, within fifteen days after he has been refused employment, demand a hearing before a board composed as provided in subsection 3 of this section. The demand shall be in writing and shall be delivered to the employing agency by certified mail with return receipt requested. If the board finds in favor of the veteran or spouse, they shall be entitled to immediate employment in the position for which he had originally made application, or an equivalent position.
Any veteran who has exercised his right to an employment preference under this chapter, and who, within one year after exercise of that right:
Is discharged.
Has had his compensation reduced; or
Is otherwise subject to action by the employing agency designed to cause the veteran to resign or quit his employment,
shall be entitled to a hearing if he believes that the employing agency took any of the above-described action due to the veteran' s exercise of his employment preference, the hearing shall be held before a board composed as provided in subsection 3 of this section. If the board finds that the employing agency took any of the actions described in sub-divisions a, b, or c due to the veteran' s exercise of his right to an employment preference, the board shall order the employing agency to cease and desist from such action or to reinstate the veteran. The demand for a hearing under this subsection shall be in writing addressed to the employing agency. The demand shall be made by certified mail with return receipt requested within fifteen days after discharge or any other action taken by the employing agency about which the veteran may be aggrieved.
The hearing board for grievances arising under subsections 1 or 2 of this section shall consist of one person chosen by the veteran, one person chosen by the employing agency, and one person chosen by the foregoing two persons. In the event that the two persons appointed by the parties do not appoint a third person within five days after the appointment of the two, a district judge for that judicial district shall make the appointment after receiving a written request to do so from one or both of the other appointees, or from the veteran. In the event that the employing agency does not appoint a person to the board within five days after the appointment by the veteran, a district judge for that judicial district shall make the appointment after receiving written request to do so from the veteran. The board shall meet and hold the hearing within ten days after the selection of the final member. At the hearing, both parties may be represented by counsel, and the employing agency shall have the burden of proving that any action which it is shown by the veteran to have taken was not taken because of the veteran' s exercise of his right to an employment preference. Hearing board members shall not be compensated, nor shall their expenses be paid, from public funds.
Any party aggrieved by the finding and order of the board may appeal to the district court in the manner provided for in section 28--32-15, provided that notice of appeal need only be served on the other party, and the appellant need not execute an undertaking. The decision of the district court on appeal shall be final. Appeals under this subsection shall be heard without a jury.
SECTION 2. AMENDMENT.) Section 37-15-08 of the 1971 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-08. SUBORDINATE OFFICERS APPOINTMENT PREFERENCE TO VETERANS at COMPENSATION REMOVAL . ) The commandant of the soldiers' home shall appoint all necessary subordinate officers of the home. In the appointment of such officers, the preference afforded by the provisions of chapter 37-19.1 shall be given to those persons who qualify therefor. The compensation of all subordinate officers shall be fixed by the commandant, subject to legislative appropriation, and any such officer may be removed by the commandant for inefficiency or misconduct.
SECTION 3. REPEAL.) Chapter 37-19 and section 37-01-31 of the North Dakota Century Code are hereby repealed.