Kansas Department of Administration, Division of Personnel Services
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Bulletin No. 08-01


1.0 SUBJECT: Veterans' Preference Policy
2.0 EFFECTIVE DATE: July 1, 2008
3.0 DISTRIBUTION: State HR Directors
4.0 FROM: George Vega, Director DATE: June 26, 2008
5.0

PURPOSE: This Bulletin is being issued in order to implement the provisions of 2008 Substitute for House Bill 2562 which amends K.S.A. 73-201 to clarify and implement new provisions regarding the veterans’ preference program for the State of Kansas. .

6.0 BACKGROUND:
In the 2007 Legislative Session, the House of Representatives developed and passed legislation clarifying the State’s veterans’ preference policy. House Bill 2562 incorporated provisions of both K.S.A. 73-201 and K.S.A. 75-2955, reconciling the policies set out in these two statutes which had long been argued to be in conflict. The bill clarified the intent and nature of the preference that is to be provided under State law also expanded the eligibility for veterans’ preference. The bill passed the House in the 2007 session but was not passed by the Senate until 2008 as Substitute for House Bill 2562.
7.0 PROCEDURES:
7.1 For the purposes of determining eligibility for veterans’ preference, the term “under honorable conditions” as stated in sections (a)(1)(A), (B) and (C) of K.S.A. 73-201, and amendments thereto, means persons who received an honorable discharge from the armed services. A person who received a general discharge from the armed services, even those termed to be “under honorable conditions”, will not be determined to be eligible for veterans’ preference with the State of Kansas.
7.2 Any person wishing to be considered eligible for a veterans’ preference under section (a)(1)(C) or (D) of K.S.A. 73-201, and amendments thereto, must produce in addition to the fully completed DD-214 form, documentation in the form of a letter from the United States Department of Veterans Affairs that is dated within the last 12 months to verify that any disability serving as the basis for veterans’ preference is service-connected, as well as the percentage of the service-connected disability.
7.3 Any person wishing to be considered eligible for a veterans’ preference under section (a)(1)(D), (E) or (F) of K.S.A. 73-201, and amendments thereto, must produce, in addition to the DD-214 form, documentation in the form of a copy of a marriage license in order to verify their relationship to the service member.
7.4 Any person wishing to be considered eligible for a veterans’ preference under section (a)(1)(E) of K.S.A. 73-201, and amendments thereto, must produce the documentation in the form of a copy of an official letter or notice from the Federal Government showing that their spouse died while serving in the armed forces.

7.5

a) The following positions are not subject to veterans’ preference:

1) An office filled by election;

2) A position filled by officers elected by popular vote, persons appointed to fill vacancies for such positions, and the personal secretary of each such officer;

3) Members of boards and commissions;

4) Persons employed on a temporary basis;

5) Heads of departments;

6) Positions that require licensure as a physician, osteopathic physician or chiropractic physician;

7) Positions that require that the employee be admitted to practice law in the State of Kansas;

8) A job held by a patient, inmate or student enrolled at a state institution;

9) Temporary or casual employment positions; and

10) A key employee.

b) For the State of Kansas, a key employee is an individual in any position in the
unclassified service, as enumerated in K.S.A. 75-2935, and amendments thereto, or any other Kansas statute.

7.6

Any person determined to be a veteran in accordance with the eligibility criteria set forth in section (a)(1) of K.S.A. 73-201, and amendments thereto, shall receive veterans’ preference for each veterans’ preference eligible position within the State of Kansas for which the person applies, regardless of whether the employee has previously applied for, was hired for or was promoted from any other position.

7.7

Pursuant to section (f) of K.S.A. 73-201, each agency and every employment center of the State must openly display documents that indicate that veterans are eligible for a preference in employment. Displaying a printed copy of the following website on the agency’s official bulletin board, or in another prominent location, will be sufficient for the purposes of satisfying the requirement. http://www.da.ks.gov/ps/aaa/recruitment/veterans.htm

7.8

Prior to the posting of a job vacancy for a veterans’ preference eligible position to the notice of vacancy, or to the publication of any type of advertisement for such a vacancy, the agency shall document the factors that will be used to determine whether an applicant for the position is competent, pursuant to section (a)(2) of K.S.A. 73-201, and amendments thereto. The agency may utilize any of the criteria listed in that section to form the basis for this decision. Once such factors are determined, the agency shall maintain a written copy of such factors, signed and dated by the appointing authority, or the appointing authority’s designee.

7.9

All notices of job vacancies for veterans’ preference eligible positions, and all applications for employment must include a statement that jobs are subject to veterans’ preference, how the preference works and how veterans may take advantage of the preference. The Division of Personnel Services will provide examples of language that can be utilized to satisfy these requirements.

7.10

All notices of vacancies for veterans’ preference eligible positions must include the following:

a) The qualifications for the position, including any preferred selection criteria for the position;

b) Performance standards for the position; and

c) A summary of the process that will be used for selection.

A link to the appropriate classification specification for the position will be sufficient for the purposes of satisfying the requirement regarding the minimum qualifications for the position. A link to the position description for the position and a brief description of the agency’s expectations of a successful candidate will be sufficient for the purposes of satisfying the requirement regarding the performance standards for the position.

7.11

All advertisements for a veterans’ preference eligible position must include the term “VPE” to indicate that the position is a veteran’s preference eligible position and must also include the web address or link to the notice for the position that is posted on the notice of vacancies.

7.12

Pursuant to K.A.R. 1-6-21, all applicants certified as veterans who meet the qualifications for a veterans’ preference eligible position, shall be offered an interview and considered for the position. If an agency has established preferred selection criteria for the position pursuant to K.A.R. 1-6-3 (c), then only those applicants certified as veterans who meet both the minimum requirements and the preferred selection criteria for the position are required to be offered an interview and considered for the position.

7.13

If, after applying the criteria set out in section 7.8 above, the veteran is determined to be the most competent candidate for the position, or is equally as competent as one or more other candidates, the position shall be offered to the veteran.

7.14

In the case of a situation where two or more veterans have applied for a veterans’ preference position and are determined to be the most competent candidates, the position shall be offered to the veteran who is determined by the agency, in accordance with section 7.8 above, to be the most competent.

7.15

Within 30 calendar days of filling a position, eligible veterans who applied for a veterans’ preference eligible position and were not selected must be notified in writing, by certified mail or personal service, that they were not selected for the position. The notification must also advise the veteran of any administrative appeal available. The Division of Personnel Services will provide examples of language that can be used for such notifications.
8.0 REFERENCES: K.S.A. 73-201 (as amended by 2008 Substitute for House Bill 2562 http://www.kslegislature.org/bills/2008/2562.pdf), K.S.A. 75-2935, K.A.R. 1-6-2, 1-6-3, and K.A.R. 1-6-21.
9.0 CONTACT PERSON: Tom Lackey at Tom.Lackey@da.ks.gov or at (785) 296-4714