EPP 43: Veterans’ Preference

Veterans Preference Process Document

I. PURPOSE AND SCOPE

To inform County departments, employees, and applicants of Veterans’ Preference requirements set forth by State law.

II. AUTHORITY

County Code 2.09.060 authorizes the County Administrator to draft administrative rules and implement operational policies.

III. GENERAL POLICY

Clackamas County applies Veterans’ Preference Points in accordance with ORS 408.225 and 408.230. Veterans’ Preference applies to any employment decision that is made based on the results of a competitive process that includes, but is not limited to, consideration of an internal or external applicant’s knowledge, experience, and other skills relevant to the position. The County is required to grant a preference to a veteran or disabled veteran who applies for a vacant civil service position or seeks promotion to a civil service position with a higher maximum salary rate and who meets the minimum and special qualifications for the position.

IV. DEFINITIONS

Veteran: A veteran is defined in the statute (ORS 408.225) as a person who has served on active duty with the Armed Forces of the United States and meets any of the following service criteria:

Served for a period of more than 178 consecutive days and was discharged or released from active duty under honorable conditions; or
Served for 178 days or less and was discharged or released from active duty under honorable conditions because of a service-connected disability; or
Served at least one day in a combat zone and was discharged or released under honorable conditions;
1. Received a combat or campaign ribbon for service in the Armed Forces of the United States and was discharged or released from active duty under honorable conditions; or
2. Is receiving a nonservice-connected pension from the United States Department of Veterans Affairs.
State servicemember means a person who is a member of the Oregon National Guard.
Former state servicemember means a person who was:
1. A member of the Oregon National Guard; and
2. Discharged or released from the Oregon National Guard under honorable conditions.

Active Duty: “active duty” does not include attendance at a school under military orders, except schooling incident to an active enlistment or a regular tour of duty, or normal military training as a reserve officer or member of an organized reserve or a National Guard unit.

V. POLICY GUIDELINES

Eligibility For Preference
ORS 408.235 states a current/former state servicemember, veteran or disabled veteran is eligible to use the preference provided under ORS 408.230 for a civil service position, as defined by ORS 408.225(1)(a)(A), as amended by SB808, for which application is made at any time after discharge or release from service in the Armed Forces. An individual is treated as a current/former state servicemember, veteran or disabled veteran for purposes of the preference provided for in ORS 408.230 if the individual:
- Meets the definition of a “veteran” except for the requirement that the individual was discharged or released under honorable conditions; and
- Submits a certification to the public employer that the individual is expected to be discharged or released or medically separated from active duty under honorable conditions not later than 120 days after the submission of the certification.
  Preference for current County employees: A regular or probationary status employee who seeks promotion, transfer, reassignment, etc. to another County position may receive veterans’ preference if the employee qualifies as a current/former state servicemember, veteran or disabled veteran. Employees who take a military leave of absence also qualify for veteran status by reason of their service during military leave.
Application Requirements
Applicants for employment who want to use Veterans’ Preference are required to designate their eligibility through standard questions asked on the County’s on-line employment application for jobs posted in this system. Applicants must upload to their application, fax, mail or deliver a copy of their DD214 and/or USVA proof of disability by the application close date or application review date for positions marked open until filled. The Department of Human Resources (HR) shall review the documents against the criteria for a determination of eligibility and points. For other competitive processes that are not posted by HR (including unclassified service and competitive temporary recruitments), the current/former state servicemember, veteran or disabled veteran may submit these materials to the designated contact listed on the recruitment posting.
Veterans’ Preference
ORS 408.230 outlines the manner in which public employers must grant preference to eligible current/former state servicemember, veteran or disabled veteran. The criteria used to determine if Veterans’ Preference will be granted is outlined in the Veterans’ Preference Process Document. At each stage of the application process, preference must be granted to current/former state servicemember, veteran or disabled veteran who successfully complete the initial application screening or an application examination or test that is administered to establish eligibility. Below are the guidelines for considering Veterans’ Preference during the application screening and examination process:
- Application Screening: At time of initial application screening, percentage points shall be added to a scored review to determine a list of persons for interviews. Five (5) percentage points shall be added to a current/former state service member’s or veteran’s score and ten (10) percentage points to a disabled veteran’s score.
- Application Examination: an application examination, given after initial application screening that results in a score, shall have percentage points added to the total combined examination score without allocating the points to any single feature or part of the examination. Five (5) percentage points shall be added to a current/former state servicemember or veteran’s score and ten (10) percentage points to a disabled veteran’s score.
- Non-Scored application exams: for application examinations that do not result in a score, (including interviews, evaluation of performance, experience or training, supervisor’s rating or any other method of ranking), preference shall be given to the current/former state servicemember, veteran or disabled veteran by applying methods that give special consideration in the hiring decision to current/former state servicemember, veterans and disabled veterans.
Appointment to a Position
ORS states that Veterans’ Preference is not a requirement that the County appoint a current/former state servicemember, veteran or disabled veteran to a position. However, ORS does state that if the veteran’s application examination(s), when combined with their veteran’s preference, are equal to or higher than the results of a non-veteran, the public employer shall appoint an otherwise qualified current/former state servicemember, veteran or disabled veteran.
A decision to not appoint a current/former state servicemember, veteran or disabled veteran to a position may be based solely on the veteran’s qualifications for the vacant position. ORS provides that a current/former state servicemember, veteran or disabled veteran may request a written explanation of the reasons why they were not appointed to the position. Upon such written request, the County will provide the reasons for the decision not to appoint the current/former state servicemember, veteran or disabled veteran to the position.
Enforcement
A current/former state servicemember, veteran or disabled veteran claiming a violation of the ORS may file a written complaint with the Civil Rights Division of the Bureau of Labor and Industries.
Questions about Veterans’ Preference Points may be directed to the Department of Human Resources at (503) 655-8459.

VI. ACCESS TO POLICY

Access to this administrative policy shall be as follows:

Filled in the County’s policy management system.
Posted to the County’s internet.

VII. ADDENDA