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Subdivision 1.Creation.
Recognizing that training and experience in the military services of the government and loyalty and sacrifice for the government are qualifications of merit which cannot be readily assessed by examination, a veteran's preference shall be available pursuant to this section to a veteran as defined in section 197.447.
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Subd. 5.Disabled veteran; definitions.
For the purpose of the preference to be used in securing appointment from an applicant pool, "disabled veteran" means a person who has a compensable service connected disability as adjudicated by the United States Veterans Administration, or by the retirement board of one of the several branches of the armed forces, which disability is existing at the time preference is claimed.
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Subd. 6.Preference for spouses.
A preference available pursuant to this section may be used by the surviving spouse of a deceased veteran and by the spouse of a disabled veteran who because of the disability is unable to qualify.
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Subd. 7.Ranking of veterans.
Applicants who meet the minimum qualifications for a vacant position and claim disabled veteran's preference shall be listed in the applicant pool ahead of all other applicants. Applicants who meet the minimum qualifications for a vacant position and claim nondisabled veteran's preference shall be listed in the applicant pool after those claiming disabled veteran's preference and ahead of nonveterans. Each recently separated veteran who meets minimum qualifications for a vacant position and has claimed a veterans or disabled veterans preference must be considered for the position. The top five recently separated veterans must be granted an interview for the position by the hiring authority.
The term "recently separated veteran" means a veteran, as defined in section 197.447, who has served in active military service, at any time on or after September 11, 2001, and who has been honorably discharged from active service, as shown by the person's form DD-214.
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Subd. 8.Notification.
The commissioner or an appointing authority, when notifying applicants that they have been accepted into the state's selection process, shall notify applicants that they may elect to use veteran's preference.
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Subd. 9.Nonselection; explanation.
If the appointing authority does not select a member of the finalist pool who has claimed veteran's preference, the appointing authority shall notify the finalist in writing of the reasons for the rejection.
Notes of Decisions
Young v. City of Duluth, 386 N.W.2d 732 (Minn. 1986).
· cites it 6× “455 (1984), incorporating by reference Minn.Stat. § 43A.11 (1984). Secondly, a veteran, once appointed, may not be discharged from his or her government position "except for incompetency or misconduct shown after a hearing, upon due notice, upon stated charges, in writing.”
Winberg v. Univ. of Minnesota, 485 N.W.2d 325 (Minn. Ct. App. 1992).
· cites it 14× “Respondent Winberg alleges the University violated these portions of the Act by not awarding him veterans preference points during the hiring process and not providing written notification.”
McAfee v. Dep't of Revenue, 514 N.W.2d 301 (Minn. Ct. App. 1994).
· cites it 12× “ISSUE Does the veteran’s preference credit for competitive open examinations, defined by Minn.Stat. § 43A.11, subdivisions 4 and 5 (1992), apply to a temporary unclassified Attorney I position in the Department of Revenue? ANALYSIS The State of Minnesota maintains a civil…”
Hall v. City of Champlin, 450 N.W.2d 613 (Minn. Ct. App. 1990).
· cites it 21× “11 granting preference to veterans in the state civil service shall also govern preference of a veteran under the civil service laws, charter provisions, ordinances, rules or regulations of a county, city, town, school district, or other municipality or political subdivision of…”
Ramsey Cnty. Cmty. Human Servs. Dep't v. Davila, 387 N.W.2d 421 (Minn. 1986).
· cites it 2× “Although the Act does not define the authority of a commission or board conducting a veterans preference hearing, the statute does contain the following provision: The provisions of section 43A.11 granting preference to veterans in the state civil service shall also govern…”
Hall v. City of Champlin, 463 N.W.2d 502 (Minn. 1990).
· cites it 18× “Respondent Jeffrey Hall is a disabled veteran within the meaning of Minn.Stat. § 43A.11, subd. 5. On February 3, 1989, along with 108 other applicants, he applied for one of two positions of laborer advertised by the city.”
City of St. Paul v. Winger, 368 N.W.2d 779 (Minn. Ct. App. 1985).
· cites it 10× “Winger, a veteran as defined by Minn. Stat. § 43A.11 (1984), appealed to the St.”
Brula v. St. Louis Cnty., 587 N.W.2d 859 (Minn. Ct. App. 1999).
· cites it 4× “" Minn.Stat. § 43A.11, subd. 1 (1996). But, while the legislature recognized that veterans should be protected in public employment, there is no showing that the legislature intended to protect veterans from themselves.”
Ojala v. St. Louis Cnty., 522 N.W.2d 342 (Minn. Ct. App. 1994).
· cites it 2× “Minn.Stat. § 43A.11 (1992). The administrative law judge (ALJ) denied St.”
Schoen v. Cnty. of St. Louis, 448 N.W.2d 112 (Minn. Ct. App. 1989).
· cites it 2× “Minn.Stat. § 43A. 16 (1988). Permanent employees in the classified service may only be discharged for just cause.”
Grehl v. Minneapolis Pub. Schs., 484 N.W.2d 815 (Minn. Ct. App. 1992).
· cites it 2× “Minn.Stat. § 43A.11, subds. 3, 7 (1990). This veteran’s preference is applicable to school districts.”
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