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RESEARCH TOOLS › MRSC Index › Personnel - Veterans and trainee preference

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Personnel: PE 2.4400 - Veterans and trainee preference

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  1. Does an applicant who is currently serving in the reserves and was activated in support of Operation Iraqi Freedom for one year fit the definition of “veteran” in RCW 41.04.007(3) because the applicant was deployed for more than 180 days? Does an applicant who is currently serving in the reserves and has twice been called to active duty for training (basic and advanced training for 6 months and 17 days; officer basic course for 4 months and 24 days) qualify as a "veteran"?
    First one must look at the statute. RCW 41.04.007 defines the term “veteran” as follows:

    "Veteran" includes every person, who at the time he or she seeks the benefits of RCW 46.16.30920, 72.36.030, 41.04.010, 73.04.090, 73.04.110, 73.08.010, 73.08.070, 73.08.080, or 43.180.250 has received an honorable discharge or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the following capacities:

    (1) As a member in any branch of the armed forces of the United States, including the national guard and armed forces reserves, and has fulfilled his or her initial military service obligation;

    (2) As a member of the women's air forces service pilots

    (3) As a member of the armed forces reserves, national guard, or coast guard, and has been called into federal service by a presidential select reserve call up for at least one hundred eighty cumulative days . . .

    The test for being a veteran under this statute is two-part: to qualify, the applicant 1) must have received an honorable discharge or received a discharge for medical reasons with an honorable record and 2) his or her service must satisfy one of the requirements set out in subsections (1) through (6).

    As to the first applicant, if the person has been discharged from service, he or she would qualify (and if not, he or she would not qualify).

    As to the second applicant, the person satisfies the second part of the test, since the he or she was called to active duty and has served as a member of the armed forces reserves for at least 180 days. The second requirement has been met, even though the call up was only for training. Of course, to qualify, the person also must be discharged from service (honorably or for medical reasons with an honorable record). If that element of the test has not been met, it would not matter that the second element has been satisfied. If the person has been discharged, the test would be met and the person would qualify as a “veteran.”

  2. Does a veteran have to have actually fought in a war to receive scoring criteria points?
    Veterans who served during a "period of war," as that is defined in RCW 41.04.005, need not have served in a combat zone or hostile environment to qualify; simply being in the armed forces during a such a period, in addition to not receiving military retirement, is sufficient. Veterans who served in an "armed conflict," as defined by RCW 41.04.005, and received a campaign badge or medal, and who do not receive military retirement, also qualify in this category. In addition, in 2002 the Legislature amended the definitions set out in RCW 41.04.005 to include certain veterans who served during times of peace.

  3. Is the veterans' scoring criteria status in RCW 41.04.010 mandated when hiring any city employee or just civil service employees?
    The scoring criteria status in RCW 41.04.010 applies only to hiring for civil service positions. This statute provides in relevant part as follows:

      In all competitive examinations, unless otherwise provided in this section, to determine the qualifications of applicants for public offices, positions or employment, the state, and all of its political subdivisions and all municipal corporations, shall give a scoring criteria status to all veterans as defined in RCW 41.04.005 . . .

    Since civil service hiring involves competitive examinations, this preference clearly applies to civil service. Further, RCW 41.08.040 and 41.12.040 mandate the veterans' credit in RCW 41.04.010 for police and fire civil service hiring procedures.

    Although it can be argued that this scoring criteria would also apply where a city uses competitive examinations in non-civil service hiring, it does not appear that it would apply in that context. The statutory intent apparently was for it to apply only where competitive examinations are required by statute.



  4. Whether passage of Initiative 200, prohibiting "preferential treatment" based on race, sex, color, ethnicity, or national origin in public employment and contracting, affects the veterans' scoring criteria statutes?
    Passage of I-200 does not appear to affect veterans' preference in civil service employment based solely on status as a veteran, other than to cause the legislature to eliminate the word "preference." The initiative amends only chapter 49.60 RCW and covers preferential treatment on the basis of race, sex, color, ethnicity, or national origin. The veteran's preference statutes have a long history in Washington and may be required under federal laws and programs. Initiative 200 can be reconciled with the existing laws on veteran's preference based solely on status as a veteran.

  5. Has the Persian Gulf War officially ended for the purpose of qualifying as a "veteran" for a scoring criteria status?
    No, the time period for the veterans' scoring criteria outlined in RCW 41.04.005 has not been ended by official presidential proclamation or law. RCW 41.04.005 provides that the Persian Gulf War began on August 2, 1990 and will end on the date prescribed by presidential proclamation or law. So, veterans who served in the armed forces in the 1990's are eligible for the veteran's scoring criteria in most cases. The other restrictions in RCW 41.04.005 concerning eligibility still apply.

  6. May the veterans' scoring criteria status be claimed in a civil service examination where it previously has been claimed and the person was thereby employed, even if employed by a different public employer?
    No, the veteran may not again use his or her scoring criteria status after it has been previously claimed and that person was hired based on the examination in which the status was claimed. The relevant statute is RCW 41.04.010, which provides as follows:

      In all competitive examinations, unless otherwise provided in this section, to determine the qualifications of applicants for public offices, positions or employment, the state, and all of its political subdivisions and all municipal corporations, shall give a scoring criteria status to all veterans as defined in RCW 41.04.005, by adding to the passing mark, grade or rating only, based upon a possible rating of one hundred points as perfect a percentage in accordance with the following:

      (1) Ten percent to a veteran who served during a period of war or in an armed conflict as defined in RCW 41.04.005 and does not receive military retirement. The percentage shall be added to the passing mark, grade, or rating of competitive examinations until the veteran's first appointment. The percentage shall not be utilized in promotional examinations;

      (2) Five percent to a veteran who did not serve during a period of war or in an armed conflict as defined in RCW 41.04.005 or is receiving military retirement. The percentage shall be added to the passing mark, grade, or rating of competitive examinations until the veteran's first appointment. The percentage shall not be utilized in promotional examinations;

      (3) Five percent to a veteran who was called to active military service for one or more years from employment with the state or any of its political subdivisions or municipal corporations. The percentage shall be added to the first promotional examination only.

      (Emphasis added)

      The evident intent is to restrict the scoring criteria status so that, basically, it can only be used to obtain employment once. Once employment is obtained after claiming the status, it may not be used again. Also, it does not matter if the status was claimed and employment obtained with a different public agency.



  7. May veterans scoring criteria status be used more than once?
    The scoring criteria status available to veterans under RCW 41.04.010 can be used only "until the veteran's first appointment." So, once the first appointment using the scoring criteria status has been made, the credit is no longer available.

Expand Section Subject Pages (3 Results)

  1. Veterans' Preference/Scoring Criteria
    Washington Veterans' Preference/Scoring Criteria
  2. Veterans' "Preference" or "Scoring Criteria" Status in Civil Service
    Questions and Answers on Veterans' "Preference" or "Scoring Criteria" Status in Civil Service for Washington cities and counties
  3. Veterans' "Preference" or "Scoring Criteria" Status in Civil Service
    Information on Veterans' "Preference" or "Scoring Criteria" Status in Civil Service for Washington cities and counties