House File 2416
HOUSE FILE
BY HUNTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to veterans, concerning employment preference and
2 other related benefits.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5906HH 80
5 ec/gg/14
PAG LIN
1 1 Section 1. Section 8A.413, subsection 21, Code Supplement
1 2 2003, is amended to read as follows:
1 3 21. For veterans preference through a provision that
1 4 veterans, as defined in section 35.1, shall have five points
1 5 added to the grade or score attained in qualifying
1 6 examinations for appointment to jobs receive employment
1 7 preference as provided in chapter 35C.
1 8 Veterans who have a service=connected disability or are
1 9 receiving compensation, disability benefits, or pension under
1 10 laws administered by the veterans administration shall have
1 11 ten points added to the grades attained in qualifying
1 12 examinations. A veteran who has been awarded the purple heart
1 13 for disabilities incurred in action shall be considered to
1 14 have a service=connected disability.
1 15 Sec. 2. Section 19B.2, Code Supplement 2003, is amended to
1 16 read as follows:
1 17 19B.2 EQUAL OPPORTUNITY IN STATE EMPLOYMENT == AFFIRMATIVE
1 18 ACTION.
1 19 It is the policy of this state to provide equal opportunity
1 20 in state employment to all persons. An individual shall not
1 21 be denied equal access to state employment opportunities
1 22 because of race, creed, color, religion, national origin, sex,
1 23 age, or physical or mental disability, veterans' service=
1 24 connected disability, or for opportunities forestalled due to
1 25 service in the armed forces. It also is the policy of this
1 26 state to apply affirmative action measures to correct
1 27 deficiencies in the state employment system where those
1 28 remedies are appropriate. This policy shall be construed
1 29 broadly to effectuate its purposes.
1 30 It is the policy of this state to permit special
1 31 appointments by bypassing the usual testing procedures for any
1 32 applicant for whom the division of vocational rehabilitation
1 33 services of the department of education or the department for
1 34 the blind, or if the individual is a veteran, the commission
1 35 of veterans affairs and the United States department of
2 1 veterans affairs vocational, rehabilitation and employment
2 2 service, has certified the applicant's disability and
2 3 competence to perform the job. The department of
2 4 administrative services, in cooperation with the department
2 5 for the blind, and the division of vocational rehabilitation
2 6 services, the commission of veterans affairs, and the United
2 7 States department of veterans affairs vocational,
2 8 rehabilitation and employment service, shall develop
2 9 appropriate certification procedures. In addition, the
2 10 commission of veterans affairs, in cooperation with the
2 11 departments of administrative services and workforce
2 12 development, shall institute a program coordinated with the
2 13 United States department of veterans affairs to transition
2 14 veterans with a service=connected disability into state
2 15 employment as provided by this section. This paragraph should
2 16 not be interpreted to bar promotional opportunities for
2 17 persons who are blind or persons with physical or mental
2 18 disabilities. If this paragraph conflicts with any other
2 19 provisions of this chapter, the provisions of this paragraph
2 20 govern.
2 21 Sec. 3. Section 19B.5, Code Supplement 2003, is amended by
2 22 adding the following new subsection:
2 23 NEW SUBSECTION. 4. Reports required to be submitted
2 24 pursuant to this section shall include information on
2 25 employment of women, minorities, persons with disabilities,
2 26 veterans, and veterans with service=connected disabilities.
2 27 Sec. 4. Section 19B.7, subsection 1, paragraph a,
2 28 subparagraph (2), Code 2003, is amended to read as follows:
2 29 (2) The utilization of minority, women's, veterans',
2 30 disabled persons', service=connected disabled veterans' and
2 31 disadvantaged business enterprises as sources of supplies,
2 32 equipment, construction, and services.
2 33 Sec. 5. Section 19B.7, subsection 1, paragraph a, Code
2 34 2003, is amended by adding the following new subparagraphs:
2 35 NEW SUBPARAGRAPH. (4) State contractors and
3 1 subcontractors with contracts valued at one hundred thousand
3 2 dollars or more shall extend and enforce veterans employment
3 3 preference in the private sector in a manner that emulates the
3 4 preference provided in chapter 35C.
3 5 NEW SUBPARAGRAPH. (5) State contractors and
3 6 subcontractors with contracts valued at one hundred thousand
3 7 dollars or more shall implement affirmative action programs
3 8 for women, minorities, persons with disabilities, veterans,
3 9 and veterans with service=connected disabilities by July 1,
3 10 2005.
3 11 Sec. 6. Section 19B.7, subsection 1, paragraph d, Code
3 12 2003, is amended to read as follows:
3 13 d. Report results under the contract compliance policy to
3 14 the governor and the general assembly on an annual basis. The
3 15 report shall detail specific efforts to promote equal
3 16 opportunity through state contracts and services and efforts,
3 17 including the efforts of state contractors and subcontractors,
3 18 to promote, develop, and stimulate the utilization of
3 19 minority, women's, veterans', disabled persons', service=
3 20 connected disabled veterans', and disadvantaged business
3 21 enterprises in programs receiving or benefiting from state
3 22 financial assistance.
3 23 Sec. 7. Section 35.1, subsection 2, paragraph a,
3 24 unnumbered paragraph 1, Code Supplement 2003, is amended to
3 25 read as follows:
3 26 "Veteran" means a resident of this state who served in the
3 27 armed forces of the United States, active or reserves, in
3 28 active federal service, or served as a member of the Iowa
3 29 national guard, at any time during the following dates and who
3 30 was discharged under honorable conditions:
3 31 Sec. 8. Section 35.1, subsection 2, paragraph a, Code
3 32 Supplement 2003, is amended by adding the following new
3 33 subparagraphs:
3 34 NEW SUBPARAGRAPH. (14) Bosnia Herzegovina conflict from
3 35 April 6, 1992, through the date the president or the Congress
4 1 of the United States declares a cessation of hostilities. If
4 2 the United States Congress enacts a date different from April
4 3 6, 1992, as the beginning of the Bosnia Herzegovina conflict
4 4 for purposes of determining whether a veteran is entitled to
4 5 receive veteran benefits for service in the Bosnia Herzegovina
4 6 conflict, that date shall be substituted for April 6, 1992.
4 7 NEW SUBPARAGRAPH. (15) Somalia conflict from August 17,
4 8 1992, through March 3, 1995.
4 9 NEW SUBPARAGRAPH. (16) Afghanistan war from October 7,
4 10 2001, through the date the president or the Congress of the
4 11 United States declares a cessation of hostilities. If the
4 12 United States Congress enacts a date different from October 7,
4 13 2001, as the beginning of the Afghanistan war for purposes of
4 14 determining whether a veteran is entitled to receive veteran
4 15 benefits for service in the Afghanistan war, that date shall
4 16 be substituted for October 7, 2001.
4 17 NEW SUBPARAGRAPH. (17) Iraq war from March 20, 2003,
4 18 through the date the president or the Congress of the United
4 19 States declares a cessation of hostilities. If the United
4 20 States Congress enacts a date different from March 20, 2003,
4 21 as the beginning of the Iraq war for purposes of determining
4 22 whether a veteran is entitled to receive veteran benefits for
4 23 service in the Iraq war, that date shall be substituted for
4 24 March 20, 2003.
4 25 Sec. 9. Section 35.1, subsection 2, paragraph b, Code
4 26 Supplement 2003, is amended by adding the following new
4 27 subparagraphs:
4 28 NEW SUBPARAGRAPH. (6) A surviving spouse of a veteran,
4 29 member of the armed forces, or national guard member who has
4 30 not remarried or an orphan of a veteran, member of the armed
4 31 forces, or national guard member if the veteran, member of the
4 32 armed forces, or national guard member was killed while on
4 33 active duty.
4 34 NEW SUBPARAGRAPH. (7) The spouse of a veteran, member of
4 35 the armed forces, or national guard member with a service=
5 1 connected disability rated at one hundred percent by the
5 2 United States department of veterans affairs.
5 3 NEW SUBPARAGRAPH. (8) The spouse of a veteran, member of
5 4 the armed forces, or national guard member missing in action,
5 5 captured, or forcibly detained by a foreign power or terrorist
5 6 group.
5 7 NEW SUBPARAGRAPH. (9) Any honorably discharged member of
5 8 the armed forces or national guard with a service=connected
5 9 disability rated at ten percent or more by the appropriate
5 10 component of the United States department of defense or the
5 11 United States department of veterans affairs or an honorably
5 12 discharged veteran who has been awarded the purple heart for
5 13 injuries incurred while participating in military operations,
5 14 regardless of service dates.
5 15 Sec. 10. Section 35A.2, subsection 2, Code 2003, is
5 16 amended to read as follows:
5 17 2. Six commissioners shall be honorably discharged members
5 18 of the armed forces of the United States. The American legion
5 19 of Iowa, disabled American veterans department of Iowa,
5 20 veterans of foreign wars department of Iowa, American veterans
5 21 of World War II, Korea, and Vietnam, the Vietnam veterans of
5 22 America, and the military order of the purple heart, through
5 23 their department commanders, shall submit two names in
5 24 nomination respectively from their organizations to the
5 25 governor. The governor shall appoint from each of the
5 26 organizations organizations' nominees one representative to
5 27 serve as a member of the commission, unless the appointments
5 28 would conflict with the. The bipartisan and gender balance
5 29 provisions of sections 69.16 and 69.16A do not apply to
5 30 appointments pursuant to this subsection. In addition, the
5 31 governor shall appoint one member of the public, knowledgeable
5 32 in the general field of veterans affairs, to serve on the
5 33 commission.
5 34 Sec. 11. NEW SECTION. 35C.1A POLICY.
5 35 It is the policy of this state to assist veterans of the
6 1 armed forces in readjusting to civilian life since veterans,
6 2 by virtue of their military service, have made personal and
6 3 economic sacrifices and forestalled opportunities to pursue
6 4 education, training, and networking oriented toward civilian
6 5 careers. The state has a very special obligation to disabled
6 6 veterans. In addition, Iowa is continually concerned with
6 7 building an effective workforce, and veterans constitute a
6 8 major recruiting source. It is, therefore, the policy of Iowa
6 9 to promote the maximum number of employment opportunities
6 10 within Iowa for veterans and disabled veterans.
6 11 Sec. 12. NEW SECTION. 35C.1B SCOPE.
6 12 Public employers of this state, including the state and its
6 13 political subdivisions, public utilities, state universities,
6 14 and public school districts, shall accord preferences in
6 15 employment appointment, unless provided otherwise by law, to
6 16 veterans as defined in section 35.1.
6 17 Sec. 13. NEW SECTION. 35C.2A APPOINTMENTS AND EMPLOYMENT
6 18 == APPLICATIONS.
6 19 1. Public employers shall give notice in all announcements
6 20 and advertisements of employment vacancies that preference in
6 21 appointment and employment will be given to eligible veterans
6 22 as defined in section 35.1. The application deadline to fill
6 23 a job must be posted at least ten days before the deadline in
6 24 the same manner as notices of meetings are posted under
6 25 section 21.4. The application form shall contain an inquiry
6 26 as to whether the applicant is claiming veterans preference
6 27 and the employer shall inform applicants of the requirements
6 28 for documentation. The applicant claiming preference shall
6 29 provide required documentation at the time of application.
6 30 2. If the hiring authority of a public employer cancels or
6 31 withdraws a job that has been publicly announced and then
6 32 reannounces the position within one year of the cancellation
6 33 or withdrawal date, all preference=eligible veterans that were
6 34 on the original list of eligible applicants shall be included
6 35 on the new list of eligible applicants. If the hiring
7 1 authority does not fill a position and requests reannouncement
7 2 of the position because it claims no qualified candidates
7 3 applied under the first announcement, the department of
7 4 administrative services shall investigate this claim and
7 5 certify its accuracy before a reannouncement of the position
7 6 is authorized.
7 7 Sec. 14. NEW SECTION. 35C.2B PREFERENCE CATEGORIES.
7 8 1. PREFERENCE CATEGORY 1. The following persons shall be
7 9 included in preference category 1 for purposes of this
7 10 chapter:
7 11 a. A disabled veteran with a service=connected disability
7 12 rated ten percent or more by the United States department of
7 13 veterans affairs or an honorably discharged veteran who has
7 14 been awarded the purple heart for injuries incurred while
7 15 participating in military operations.
7 16 b. The spouse of a veteran with a service=connected
7 17 disability rated at one hundred percent by the United States
7 18 department of veterans affairs.
7 19 c. The spouse of a veteran, member of the armed forces, or
7 20 national guard member missing in action, captured, or forcibly
7 21 detained by a foreign power or terrorist group.
7 22 d. A surviving spouse of a veteran, member of the armed
7 23 forces, or national guard member who has not remarried, or an
7 24 orphan of a veteran, member of the armed forces, or national
7 25 guard member if the veteran, member of the armed forces, or
7 26 national guard member was killed while on active duty.
7 27 2. PREFERENCE CATEGORY 2. A veteran of any war or
7 28 conflict who has served on active duty for one day or more
7 29 during a wartime period or other period of time as described
7 30 in section 35.1, excluding active duty for training, and who
7 31 was discharged under honorable conditions from the armed
7 32 forces of the United States shall be included in preference
7 33 category 2 for purposes of this chapter.
7 34 Sec. 15. NEW SECTION. 35C.3A PREFERENCE REQUIRED AT EACH
7 35 STAGE.
8 1 1. An eligible veteran of good moral character is entitled
8 2 to preference at every stage of the hiring process subject to
8 3 the requirements of this chapter. A public employer's hiring
8 4 authority may elect to pass over an eligible veteran for a
8 5 lower ranked preference=eligible or non=preference=eligible
8 6 individual; however, this can be done only when sound reasons
8 7 exist that relate directly to the eligible veteran's physical
8 8 and mental fitness or personal suitability for employment and
8 9 pursuant to the requirements of subsection 2, if applicable.
8 10 If the public employer's hiring authority exercises this
8 11 option, it shall document its rationale in writing and retain
8 12 the records for two years. An eligible veteran is entitled to
8 13 copies of the written documentation upon written request to
8 14 the public employer's hiring authority or the department of
8 15 administrative services within ten days of the request date.
8 16 2. If a preference=eligible veteran is a thirty percent or
8 17 more service=connected disabled veteran, the public employer's
8 18 hiring authority shall notify the veteran, the director of the
8 19 department of administrative services, and the executive
8 20 director of the commission of veterans affairs that the hiring
8 21 entity intends to pass over the veteran as described in
8 22 subsection 1. The veteran has fifteen days from the date of
8 23 notification to seek review of the proposed pass over by the
8 24 director of the department of administrative services and the
8 25 executive director of the commission of veterans affairs. The
8 26 director of the department of administrative services and the
8 27 executive director of the commission of veterans affairs shall
8 28 decide, based on the facts available, whether the pass over
8 29 shall be approved or denied and shall notify the parties of
8 30 the decision. The decision of the director and executive
8 31 director shall be considered final agency action pursuant to
8 32 chapter 17A.
8 33 Sec. 16. NEW SECTION. 35C.3B VETERANS PREFERENCE
8 34 DETERMINATIONS.
8 35 1. NUMERICALLY BASED PROCESS. Employment preference, when
9 1 numerically based examination results are used as the device
9 2 for employment selection, consists of, once the applicant
9 3 attains a passing score, adding ten points to the test score
9 4 of each preference category 1 eligible applicant and five
9 5 points to the test score of each preference category 2
9 6 eligible applicant. Once the preference=eligible applicants'
9 7 test scores have been augmented, the names of all the
9 8 preference=eligible and non=preference=eligible applicants
9 9 must be placed on a register or employment list, beginning
9 10 with disabled veterans with a service=connected disability
9 11 rated at thirty percent or more, followed by all other
9 12 preference=eligible applicants and non=preference=eligible
9 13 applicants in rank order. Appointments to positions shall be
9 14 made from the appropriate register or employment list in
9 15 descending order from top to bottom by the applicants' ranked
9 16 position on the list.
9 17 2. NONNUMERICALLY BASED PROCESS. If a nonnumerically
9 18 based process is used in hiring, the job qualifications for
9 19 the position shall be included in the announcement of the
9 20 position and employment preference shall be given to
9 21 preference=eligible applicants in such a manner that
9 22 appointments emulate the appointments that would occur if a
9 23 numerically based process would have been used provided that
9 24 the preference=eligible applicant possesses the qualifications
9 25 necessary to carry out the duties of the job. For purposes of
9 26 this subsection, "qualifications" means the requisite
9 27 education, experience, special requirements, license, or
9 28 certification that gives the candidate the ability to perform
9 29 the duties of the job as specified by the public employer or
9 30 the department of administrative services.
9 31 Sec. 17. NEW SECTION. 35C.3C COMPLAINT == MANDATORY
9 32 MEDIATION.
9 33 If an applicant claiming veterans preference for a vacant
9 34 position is not selected and believes that this action may be
9 35 in violation of this chapter, the applicant shall file a
10 1 complaint with the commission of veterans affairs. The
10 2 complaint must be filed within fifteen days of the applicant
10 3 receiving notice of the hiring decision made by the employing
10 4 entity or within three months of the date the application is
10 5 filed with the employer if no notice is given. The executive
10 6 director of the commission of veterans affairs shall conduct
10 7 an initial investigation of the complaint and mediate the
10 8 dispute between the parties in an attempt to reach a mutually
10 9 agreeable solution. If a solution is not attainable or if
10 10 fifteen days has passed since the complaint was filed with the
10 11 commission, the executive director of the commission of
10 12 veterans affairs shall officially notify the parties in
10 13 writing and inform the applicant of the applicant's rights
10 14 under this chapter.
10 15 Sec. 18. Section 35C.5, Code 2003, is amended to read as
10 16 follows:
10 17 35C.5 APPEALS.
10 18 In addition to the remedy provided in section 35C.4, an An
10 19 appeal may be taken by any person belonging to any of the
10 20 classes of persons to whom a preference is hereby granted
10 21 pursuant to this chapter, from any refusal to allow said the
10 22 preference, as provided in this chapter, to the district court
10 23 of the county in which such refusal occurs. The appeal shall
10 24 be made by serving upon the appointing officer, board, or
10 25 person within twenty twenty=one days after the date of the
10 26 refusal of said appointing officer, board, or persons to allow
10 27 said preference the parties have been notified as provided in
10 28 section 35C.3A, subsection 2, or section 35C.3C, a written
10 29 notice of such appeal stating the grounds of the appeal; and a
10 30 demand in writing for a certified transcript of the record,
10 31 and all papers on file in the office affecting or relating to
10 32 said the appointment. Thereupon, said the appointing officer,
10 33 board, or person shall, within ten days, make, certify, and
10 34 deliver to the appellant such a transcript; and the appellant
10 35 shall, within five days thereafter, file the same and a copy
11 1 of the notice of appeal with the clerk of said court, and said
11 2 the notice of appeal shall stand as the appellant's complaint
11 3 and thereupon said cause shall be accorded such preference in
11 4 its assignment for trial as to assure its prompt disposition.
11 5 The court shall receive and consider any pertinent evidence,
11 6 whether oral or documentary, concerning said the appointment
11 7 from which the appeal is taken, and if the court shall find
11 8 finds that the said applicant is qualified as defined in
11 9 section 35C.1, to hold the position for which the applicant
11 10 has applied did not receive the employment preference as
11 11 provided in this chapter, said the court shall, by its
11 12 mandate, specifically direct the said appointing officer,
11 13 board, or persons as to their further action in the matter.
11 14 Remedies the court may order include but are not limited to
11 15 hire orders, hire orders with retroactive hire dates, punitive
11 16 monetary awards if circumstances warrant, and reasonable and
11 17 customary attorney fees if in the interest of justice. An
11 18 appeal may be taken from the judgment of the said district
11 19 court on any such appeal on the same terms as an appeal is
11 20 taken in civil actions. At their election parties entitled to
11 21 appeal under this section may, in the alternative, maintain an
11 22 action for judicial review in accordance with the terms of the
11 23 Iowa administrative procedure Act if that is otherwise
11 24 applicable to their case.
11 25 Sec. 19. Section 35C.5A, Code 2003, is amended to read as
11 26 follows:
11 27 35C.5A ARBITRATION.
11 28 In addition to the remedies otherwise provided in sections
11 29 35C.4 and 35C.5 this chapter, a person belonging to a class of
11 30 persons qualifying for a preference may submit any refusal to
11 31 allow a preference, or any reduction of the person's salary as
11 32 described in section 35C.4, to arbitration within sixty days
11 33 after written notification of the refusal or reduction.
11 34 Within ten days after any submission, an arbitrator shall be
11 35 selected by a committee that includes one member chosen by the
12 1 person refused preference, one member chosen by the appointing
12 2 officer, board, or person, and one member who shall be a
12 3 disinterested party selected by the other two members of the
12 4 committee. A list of qualified arbitrators may be obtained
12 5 from the American arbitration association or other recognized
12 6 arbitration organization or association. The decision of the
12 7 arbitrator shall be final and binding on the parties.
12 8 Sec. 20. Section 400.10, Code 2003, is amended to read as
12 9 follows:
12 10 400.10 PREFERENCES.
12 11 In all examinations and appointments under this chapter,
12 12 other than promotions and appointments of chief of the police
12 13 department and chief of the fire department, veterans as
12 14 defined in section 35.1, who are citizens and residents of
12 15 this state, shall have five points added to the veteran's
12 16 grade or score attained in qualifying examinations for
12 17 appointment to positions and five additional points added to
12 18 the grade or score if the veteran has a service=connected
12 19 disability or is receiving compensation, disability benefits
12 20 or pension under laws administered by the veterans
12 21 administration shall receive preference as provided in chapter
12 22 35C. An honorably discharged veteran who has been awarded the
12 23 Purple Heart for disabilities incurred in action shall be
12 24 considered to have a service=connected disability. However,
12 25 the points shall be given only upon passing the exam and shall
12 26 not be the determining factor in passing.
12 27 Sec. 21.
12 28 1. Section 35C.1, Code Supplement 2003, is repealed.
12 29 2. Sections 35C.2 and 35C.3, Code 2003, are repealed.
12 30 EXPLANATION
12 31 This bill provides for veterans preference in public
12 32 contracts and employment.
12 33 Code section 8A.413, concerning rules on awarding a
12 34 veterans preference, is amended to provide that veterans shall
12 35 be awarded a preference pursuant to Code chapter 35C as
13 1 modified by this bill. Under current law, veterans get an
13 2 additional five points in any qualifying examination and
13 3 disabled veterans get 10 points.
13 4 Code chapter 19B, concerning equal opportunity and
13 5 affirmative action, is amended to include veterans and
13 6 disabled veterans as a protected class. The bill provides
13 7 that current affirmative action reports shall include
13 8 statistics concerning veterans and disabled veterans. In
13 9 addition, Code section 19B.7, concerning state contracts, is
13 10 amended to provide that in awarding state contracts and
13 11 subcontracts valued at over $100,000, affirmative action
13 12 programs and veterans preference in a manner similar to Code
13 13 chapter 35C shall be implemented.
13 14 Code section 35.1, concerning the definition of "veteran",
13 15 is amended by the bill. Under current law, a person can be
13 16 considered a veteran if the person's military service was
13 17 during several specified periods of time, usually coinciding
13 18 with a military war or conflict. In addition, current law
13 19 includes several categories of individuals as a veteran
13 20 regardless of when the service occurred. Both provisions are
13 21 amended in the bill. As to the time=specific definition, the
13 22 bill provides that a veteran can be a person who served in the
13 23 reserves or in active federal service or in the Iowa national
13 24 guard during the specified periods of time. The bill also
13 25 adds additional periods of time coinciding with the Bosnia
13 26 Herzegovina conflict, the Somalia conflict, the Afghanistan
13 27 war, and the Iraq war. As to the portion of the definition of
13 28 veteran that is not dependent on service during specified
13 29 periods, the bill adds the surviving spouse or orphan of a
13 30 member of the military who was killed on active duty, the
13 31 spouse of a military member who has a 100 percent service=
13 32 connected disability, the spouse of a member of the military
13 33 detained by a foreign power or terrorist group, or any
13 34 honorably discharged member of the military with a 10 percent
13 35 service=connected disability or who was awarded the purple
14 1 heart.
14 2 Code section 35A.2, concerning membership on the veterans
14 3 affairs commission, is amended to exempt the appointment of
14 4 members to the commission from partisan and gender balance
14 5 requirements.
14 6 Code chapter 35C, governing veterans preference in public
14 7 employment, is amended by the bill.
14 8 New Code section 35C.1A provides that the policy of the
14 9 state should be to assist veterans and maximize their
14 10 employment opportunities.
14 11 New Code section 35C.1B provides that the provisions of
14 12 Code chapter 35C concerning veterans preference apply to the
14 13 state, political subdivisions of the state, public utilities,
14 14 state universities, and public school districts.
14 15 New Code section 35C.2A requires job announcements by
14 16 public employers to provide notice that preference will be
14 17 given to eligible veterans. The new Code section further
14 18 provides that if the hiring authority cancels a job
14 19 announcement, and then announces the job again within one
14 20 year, all preference=eligible veterans who were on the list
14 21 for the initial announcement will be on the list for the new
14 22 announcement. If the basis for a proposed reannouncement of
14 23 the position was that no qualified persons applied the first
14 24 time, the department of administrative services shall
14 25 investigate the claim and certify its accuracy before the new
14 26 announcement can be made.
14 27 New Code section 35C.2B establishes two preference
14 28 categories. Preference category 1 includes disabled veterans,
14 29 the spouse of a 100 percent disabled veteran, the spouse of a
14 30 member of the military missing in action or detained by a
14 31 foreign power or terrorist group, or a surviving spouse or
14 32 orphan of a member of the military killed while on active
14 33 duty. Preference category 2 includes any veteran of any war
14 34 or conflict who served on active duty during any period of
14 35 time specified in Code section 35.1 and who was honorably
15 1 discharged.
15 2 New Code section 35C.3A provides that an eligible veteran
15 3 shall be entitled to preference in hiring by a public
15 4 employer. The new Code section provides that an eligible
15 5 veteran can be passed over in favor of a lower ranked person
15 6 in hiring only when sound reasons exist that directly relate
15 7 to the veteran's fitness for employment. The reasons for
15 8 being passed over shall be documented and the veteran shall be
15 9 able to access the records. In addition, if the passed over
15 10 veteran has a 30 percent service=connected disability, the
15 11 veteran can seek review of the decision by the directors of
15 12 the department of administrative services and commission on
15 13 veterans affairs. The directors' decision to approve or
15 14 disapprove the decision not to hire the veteran is final
15 15 agency action.
15 16 New Code section 35C.3B provides for the process of
15 17 providing preference for veterans in hiring. The Code section
15 18 provides that if a numerically based process is used in
15 19 hiring, veterans in preference category 1 shall have 10
15 20 additional points added to their test scores while veterans in
15 21 preference category 2 shall have five additional points. In
15 22 addition, disabled veterans with a 30 percent or more service=
15 23 connected disability shall be placed first on the hiring list.
15 24 The new Code section provides that if a nonnumerically based
15 25 process of hiring is used, a process shall be implemented that
15 26 emulates that used under a numerically based process.
15 27 New Code section 35C.3C provides that an eligible veteran
15 28 claiming a preference and who believes their nonselection for
15 29 a position was in violation of Code chapter 35C may file a
15 30 complaint with the commission of veterans affairs. The
15 31 director of the commission shall investigate the complaint and
15 32 attempt to mediate the dispute. If mediation is unsuccessful
15 33 or if 15 days have passed since the veteran filed the
15 34 complaint, the veteran can seek redress under the provisions
15 35 of Code chapter 35C.
16 1 Code section 35C.5 is amended to provide that the time for
16 2 filing an appeal to district court claiming a violation of
16 3 Code chapter 35C is 21 days after the date the commission
16 4 sends the notice as provided by Code section 35C.3A,
16 5 subsection 2, or section 35C.3C.
16 6 Code section 400.10, concerning preferences granted in
16 7 examinations and appointment under civil service, is amended
16 8 to provide that the preference granted veterans shall be as
16 9 provided in Code chapter 35C.
16 10 LSB 5906HH 80
16 11 ec/gg/14.2