Or. Admin. Code § 839-006-0440 - Veterans' Preference in Public Employment: Definitions
(1) "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.
(2) "Armed Forces" means the United States
Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve
components thereof. (Title 38 USC Part I Chapter 1 Section 101). Reserve
components mean:
(a) The Army
Reserve;
(b) The Navy
Reserve;
(c) The Marine Corps
Reserve;
(d) The Air force
Reserve;
(e) The Coast Guard
Reserve;
(f) The Army National
Guard of the United States; and
(g)
The Air National Guard of the United States.
(3) "Civil service position" means any
position for which a hiring or promotion decision is made or required to be
made based on the results of a merit based, competitive process that includes,
but is not limited to, consideration of an applicant's or employee's relative
ability, knowledge, experience and other skills.
(a) A "civil service" position need not be
labeled a "civil service position."
(4) "Combat zone" means an area designated by
the President of the United States by executive order in which, on the dates
designated by executive order, the Armed Forces of the United States are or
have engaged in combat.
(5)
"Disabled veteran" means a person who has a disability rating from the United
States Department of Veterans Affairs, a person whose discharge or release from
active duty was for a disability incurred or aggravated in the line of duty or
a person who was awarded the Purple Heart for wounds received in
combat.
(6) "Eligibility list"
means a list of ranked eligible candidates for a civil service position who
have become eligible for the position through a test or series of tests and who
will be considered for the civil service position in ranked order. Rankings of
eligible candidates identified as tiers, bands or other names function as
eligibility lists for purposes of these rules.
(7) "Military leave" means any period of time
for which a person is absent from a permanent civil service position for the
performance of active duty in the Armed Forces of the United States.
(8) "Promotion" means any position with a
higher maximum salary rate.
(9)
"Public employer" includes a public body as defined in ORS
174.109, and any person
authorized to act on behalf of the public body, with respect to control,
management or supervision of any employee. "Public employer" includes but is
not limited to:
(a) Employers in local
governments;
(b) Employers in a
public corporation created under a statute of this state and specifically
designated as a public corporation; and
(c) Employers in any public body that is
created by statute, ordinance or resolution that is not part of state
government or local government.
(10) "Special qualifications" means
qualifications added to minimum qualifications necessary at the time of
appointment based on specific duties of the position to be filled. Special
qualifications may include, but are not limited to bilingual skills, or
licenses, permits and certifications required by law and screenings otherwise
permitted by law, such as reference, criminal background and credit checks and
physical fitness and drug tests.
(11) "Transferable skill" means a skill that
a veteran has obtained through military education or experience that
substantially relates, directly or indirectly, to the civil service position
for which the veteran is applying.
(12) "Veteran" means a person who:
(a) Served on active duty with the Armed
Forces of the United States:
(B) For a period
of more than 90 consecutive days beginning on or before January 31, 1955, and
was discharged or released under honorable conditions;
(C) For a period of more than 178 consecutive
days beginning after January 31, 1955, and was discharged or released from
active duty under honorable conditions;
(D) For 178 days or less and was discharged
or released from active duty under honorable conditions because of a
service-connected disability;
(E)
For 178 days or less and was discharged or released from active duty under
honorable conditions and has a disability rating from the United States
Department of Veterans Affairs; or
(F) For at least one day in a combat zone and
was discharged or released from active duty under honorable
conditions;
(b) Received
a combat or campaign ribbon or an expeditionary medal for service in the Armed
Forces of the United States and was discharged or released from active duty
under honorable conditions; or
(c)
Is receiving a non service-connected pension from the United States Department
of Veterans Affairs.
(d) For
questions regarding military discharge, consult the Oregon Department of
Veterans' Affairs website at
http://www.oregon.gov/ODVA/docs/PDFs/Criminal_Justice_Portal/Military_discharge.pdf?ga=t
Notes
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 408.225, 408.230, 408.235
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) "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.
(2) "Armed Forces " means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof. (Title 38 USC Part I Chapter 1 Section 101). Reserve components mean:
(a) The Army Reserve;
(b) The Navy Reserve;
(c) The Marine Corps Reserve;
(d) The Air force Reserve;
(e) The Coast Guard Reserve;
(f) The Army National Guard of the United States; and
(g) The Air National Guard of the United States.
(3) "Civil service position " means any position for which a hiring or promotion decision is made or required to be made based on the results of a merit based, competitive process that includes, but is not limited to, consideration of an applicant's or employee 's relative ability, knowledge, experience and other skills.
(a) A "civil service" position need not be labeled a "civil service position ."
(4) "Combat zone " means an area designated by the President of the United States by executive order in which, on the dates designated by executive order, the Armed Forces of the United States are or have engaged in combat.
(5) "Disabled veteran " means a person who has a disability rating from the United States Department of Veterans Affairs, a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty or a person who was awarded the Purple Heart for wounds received in combat.
(6) "Eligibility list " means a list of ranked eligible candidates for a civil service position who have become eligible for the position through a test or series of tests and who will be considered for the civil service position in ranked order. Rankings of eligible candidates identified as tiers, bands or other names function as eligibility lists for purposes of these rules.
(7) "Military leave " means any period of time for which a person is absent from a permanent civil service position for the performance of active duty in the Armed Forces of the United States.
(8) "Promotion " means any position with a higher maximum salary rate.
(9) "Public employer " includes a public body as defined in ORS 174.109, and any person authorized to act on behalf of the public body, with respect to control, management or supervision of any employee . "Public employer " includes but is not limited to:
(a) Employers in local governments;
(b) Employers in a public corporation created under a statute of this state and specifically designated as a public corporation; and
(c) Employers in any public body that is created by statute, ordinance or resolution that is not part of state government or local government.
(10) Special qualifications " means qualifications added to minimum qualifications necessary at the time of appointment based on specific duties of the position to be filled. Special qualifications may include, but are not limited to bilingual skills, or licenses, permits and certifications required by law and screenings otherwise permitted by law, such as reference, criminal background and credit checks and physical fitness and drug tests.
(11) "Transferable skill " means a skill that a veteran has obtained through military education or experience that substantially relates, directly or indirectly, to the civil service position for which the veteran is applying.
(12) "Veteran " means a person who:
(a) Served on active duty with the Armed Forces of the United States:
(B) For a period of more than 90 consecutive days beginning on or before January 31, 1955, and was discharged or released under honorable conditions;
(C) For a period of more than 178 consecutive days beginning after January 31, 1955, and was discharged or released from active duty under honorable conditions;
(D) For 178 days or less and was discharged or released from active duty under honorable conditions because of a service-connected disability ;
(E) For 178 days or less and was discharged or released from active duty under honorable conditions and has a disability rating from the United States Department of Veterans Affairs; or
(F) For at least one day in a combat zone and was discharged or released from active duty under honorable conditions;
(b) Received a combat or campaign ribbon or an expeditionary medal for service in the Armed Forces of the United States and was discharged or released from active duty under honorable conditions; or
(c) Is receiving a nonservice-connected pension from the United States Department of Veterans Affairs.
(d) For questions regarding military discharge, consult the Oregon Department of Veterans' Affairs website at http://www.oregon.gov/ODVA/docs/PDFs/Criminal_Justice_Portal/Military_discharge.pdf?ga=t.
Notes
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 408.225, 408.230, 408.235