Current through Rules and Regulations filed through March 20, 2024
(1)
Introduction. The State
affords some degree of preference to veterans in certain employment decisions.
Recognizing their sacrifice, the State seeks to prevent veterans pursuing State
employment from being disadvantaged by time spent in military service.
Veterans' preference recognizes the economic loss suffered by citizens who have
served their country in uniform, restores veterans to a favorable competitive
position for State employment, and acknowledges the larger obligation owed to
disabled veterans.
(a) Preference does not
have as its goal the placement of a veteran in every vacant job; this would be
incompatible with the merit principle of public employment. However, preference
does provide a uniform method by which special consideration is given to
qualified veterans seeking employment.
(b) For purposes of this Rule, veterans'
preferences are given to veterans defined as any individual who was honorably
discharged and:
1. Served on active duty as a
member of the Armed Forces of the United States during a time of armed
conflict;
2. Served as a member of
the National Guard or Armed Forces Reserve on active duty for any length of
time during any portion of the time the Armed Forces of the United States were
engaged in Operation Iraqi Freedom and Operation Enduring Freedom;
or,
3. Served as a member of the
National Guard or Armed Forces Reserve on active duty for any length of time
during any portion of the time the Armed Forces of the United States were
engaged in Operation Desert Shield or Operation Desert Storm and whose service
occurred in an area of imminent danger as defined below.
(i) the Persian Gulf;
(ii) the Red Sea;
(iii) Gulf of Oman;
(iv) the portion of the Arabian Sea that lies
north of 10 degrees north latitude and west of 68 degrees east
longitude;
(v) the Gulf of Aden;
and,
(vi) the total land area of
Saudi Arabia, Kuwait, Iraq, Yemen, Oman, Bahrain, Qatar, and the United Arab
Emirates.
(c)
Documentation of honorable discharge and eligible service must be evidenced
with the DD 214 Certificate of Release or Discharge from Active Duty.
(2)
Veterans'
Preference in Entrance Exams.
(a)
Veterans, as defined in Section (1)(b), will be given five (5) points in
addition to their earned passing ratings on any numerically scored written
entrance examination.
(b) The
following individuals will be given ten (10) points in addition to their earned
passing ratings and in lieu of the five (5) points provided in subsection
(2)(a):
1. Veterans who establish by official
records the present existence of a service-connected disability of at least
10%, as rated and certified by the U.S. Department of Veterans
Affairs;
2. Veterans over 55 years
of age who because of disability, whether service-connected or not, are
entitled to pension or compensation under existing laws;
3. Spouses of disabled veterans (as described
in the two preceding provisions) if the spouses are qualified and the disabled
veterans themselves are disqualified for appointment because of the disability;
or,
4. Unmarried widows or widowers
of deceased veterans of any period of armed conflict.
(c) The point preference is in lieu of and
not in addition to any other similar preference accorded under federal or state
law.
(d) In examinations where
experience is an element of qualifications, time spent in the Armed Forces of
the United States during a period of armed conflict will be credited in an
applicant's ratings, where the applicant's actual employment in a similar
vocation to that for which the applicant applies was temporarily interrupted by
such service but was resumed after discharge.
(3)
Veterans' Preference in
Hiring. If the hiring agency does not use numerically scored written
examination to fill positions, the hiring agency must give appropriate
consideration to persons eligible for veterans' preferences as defined in this
Rule.
(a) Preference will be given to eligible
veterans, as defined above, whose qualifications for a job they have applied
for are equivalent to the most suitable non-veteran applicant for that
job.
(b) An agency is not required
to hire a preference eligible veteran who is not the most suitable applicant
for the position.
(4)
Exceptions to Veterans' Preference in Exams and Hiring. Preference
does not apply in cases of promotion, demotion, or transfer to a different job.
(a) Persons who served in a civilian capacity
do not receive preference, even if they accompanied military forces.
(b) Persons who were dishonorably discharged
or discharged under conditions other than honorable are not eligible for
veterans' preferences. NOTE: A general discharge does not disqualify a person
for veterans' preferences.
(5)
Veterans' Preference in Reduction
of Personnel. When reductions are being made in personnel, a veteran of
any period of armed conflict entitled to military preference in appointment
with an average summary performance evaluation rating of successful performer
will not be discharged or dropped or reduced in rank or salary before a
nonveteran in competition with the veteran.
O.C.G.A.
§§
45-20-1, 45-20-3, 45-20-3.1, 45-20-4.