Chapter 73.--SOLDIERS, SAILORS AND PATRIOTIC EMBLEMS
Article 2.--VETERANS' PREFERENCE
73-201.Preference in governmental employment andpromotion; notice when veteran not hired; notice of job openings, informationregarding preference; remedy when preference not provided.(a) As used in this act: (1) "Veteran" means:
(A) Any person who entered the armed forces before October 15,1976, and separated from the armed forcesunder honorable conditions, if such person served: (i) Onactive duty during any war (theofficial dates for war service are April 6, 1917 through July 2, 1921, andDecember 7, 1941 through April 28, 1952); (ii) during the period April 28,1952through July 1, 1955; (iii) in any campaign or expedition for which acampaignbadge or service medal has been authorized; or (iv) for more than 180consecutivedays since January 31, 1955, but before October 15, 1976, excluding an initialperiod of active duty for training under the "six-month"reserve or national guard program;
(B) any person who enteredthe armed forces on or after October 15, 1976, and separated from the armedforces under honorable conditions, ifsuch person was awarded aservice medal or campaign badge;
(C) any person who separated from the armed forces under honorableconditions and has a disability certified by the United States department ofveterans affairs as being service connected, has been issued the purple heartby the United States government or has been released from activeservice with a service-connected disability;
(D) the spouse of a veteran who has a 100% service connected disability asdetermined by the United States department of veteran affairs;
(E) the unremarried spouse of a veteran who diedwhile, and as a result of, serving in armed forces; and
(F) the spouse of a prisoner of war, as defined by K.S.A. 75-4364, andamendments thereto.
Notwithstanding the foregoing, the term "veteran" shall not apply to any personwho retired from the active military with the pay grade of 04 or above unlesstheperson retired due to wounds received in combat or is a disabled veteran.
(2) "Competent" means a good faith determination that the person is likely tosuccessfully meet theperformance standards of the position based on what a reasonable personknowledgeable in the operation of the position would conclude from allinformation available at the time the decision is made. The basis for suchdetermination shall include experience, training, education, licensure,certification and/or other factors determined by the decision making authorityas appropriate to determine the applicant's overall qualification and abilityto successfully meet the performance standards of the position. The decisionmaking authority shall document such factors prior to the initiation of theselection process.
(3) "Disabled veteran" means a person who has served on active duty in thearmed forces, has been separated therefrom under honorable conditions, and hasestablished the present existence of a service-connected disability or isreceiving compensation, disability retirement benefits, or pension because of apublic statute administered by the department of veterans affairs or a militarydepartment.
(b) In grateful recognition of the services, sacrifices and sufferings ofveterans who served in the army, navy, air force,coast guard ormarine corps of theUnited States in world war I and world war II, and of persons who haveserved with the armed forces of the United States during the military,naval and air operations in Korea, Viet Nam, Iraq, Afghanistan or otherplaces under the flagsof the United States and the United Nations or under the flag of the UnitedStates alone, and have been honorably discharged therefrom, theprovisions of this section are enacted.
(c) Veterans shall bepreferred for initialemployment and first promotionin the state government ofKansas, and in thecounties and cities of this state, if competent to perform such services. Anyveteran thus preferred shall not be disqualifiedfrom holding anyposition in such service on account of theveteran's age orby reason of any physicalor mental disability as long as such age or disabilitydoes not render the veteran incompetent to perform the dutiesof the position applied for. When any veteran shall apply forappointment toany such position, place, or employment, the officer, board or person whoseduty it is or may be to appoint a person to fill such place shall, if theapplicant be a veteran of good reputation, and cancompetently perform the dutiesof the position applied for by the veteran, consider the veteran forappointment tosuch position, place, oremployment.Within 30 days of filling a position, eligible veterans who have applied andare not hired shall be notified by certified mail or personal service that theyare not being hired. Such notice also shall advise the veteran of anyadministrativeappeal available.
(d) The provisions of this act shall not be applicable toany persons classed as conscientious objectors. The provisions of this actshall not be controlling over the provisions of any statute, countyresolution or city ordinance relating to retirement, or termination on thebasis of age, of employees of the state or any county or city. Wheneverunder any statute, county resolution or city ordinance retirement, ortermination on the basis of age, of any employee is required at a certainage, or is optional with the employer at a certain age, such provisions ofsuch statute, resolution or ordinance shall be controlling and shall not belimited by this section.
(e) All notices of job openings, if any, and all applications foremployment, if any, by thestate and any city or county in this state shall state that the job is subjectto a veteran's preference, how the preference works and how veterans may takeadvantage of the preference andpost awritten statement of: (1) The qualifications for such position; (2) anypreferred qualifications of such position; (3) performance standards for theposition; and (4) the process that will be used for selection. A veteran, or aspouse whoqualifies for the veteran's preference,desiring to use a veteran's preference shall provide the hiring authority withacopy of the veteran's DD214 formor the DD214 form of theveteran under which the spouse qualifies for the preference.
(f) Every employment center of the state and any city orcounty human resources department, if any, shall openly display documents thatindicate that veterans are eligiblefor a preference in their initial employment and any first promotion withinthe employment of the governmental entity.
(g) Any veteran who alleges that a state agency, city or county has notprovided the veterans preference as required by this act, after exhausting anyavailable administrative remedy, may bring an action in the district court.
History: L. 1886, ch. 160, § 1; L. 1901, ch. 186, § 1; L. 1907, ch. 374, § 1;L. 1919, ch. 280, § 1; R.S. 1923, 73-201; L. 1945, ch. 301, § 1; L. 1951,ch. 429, § 1; L. 1970, ch. 306, § 1;L. 2008, ch. 99, § 1; July 1.
Chapter 73.--SOLDIERS, SAILORS AND PATRIOTIC EMBLEMS
Article 2.--VETERANS' PREFERENCE
73-201.Preference in governmental employment andpromotion; notice when veteran not hired; notice of job openings, informationregarding preference; remedy when preference not provided.(a) As used in this act: (1) "Veteran" means:
(A) Any person who entered the armed forces before October 15,1976, and separated from the armed forcesunder honorable conditions, if such person served: (i) Onactive duty during any war (theofficial dates for war service are April 6, 1917 through July 2, 1921, andDecember 7, 1941 through April 28, 1952); (ii) during the period April 28,1952through July 1, 1955; (iii) in any campaign or expedition for which acampaignbadge or service medal has been authorized; or (iv) for more than 180consecutivedays since January 31, 1955, but before October 15, 1976, excluding an initialperiod of active duty for training under the "six-month"reserve or national guard program;
(B) any person who enteredthe armed forces on or after October 15, 1976, and separated from the armedforces under honorable conditions, ifsuch person was awarded aservice medal or campaign badge;
(C) any person who separated from the armed forces under honorableconditions and has a disability certified by the United States department ofveterans affairs as being service connected, has been issued the purple heartby the United States government or has been released from activeservice with a service-connected disability;
(D) the spouse of a veteran who has a 100% service connected disability asdetermined by the United States department of veteran affairs;
(E) the unremarried spouse of a veteran who diedwhile, and as a result of, serving in armed forces; and
(F) the spouse of a prisoner of war, as defined by K.S.A. 75-4364, andamendments thereto.
Notwithstanding the foregoing, the term "veteran" shall not apply to any personwho retired from the active military with the pay grade of 04 or above unlesstheperson retired due to wounds received in combat or is a disabled veteran.
(2) "Competent" means a good faith determination that the person is likely tosuccessfully meet theperformance standards of the position based on what a reasonable personknowledgeable in the operation of the position would conclude from allinformation available at the time the decision is made. The basis for suchdetermination shall include experience, training, education, licensure,certification and/or other factors determined by the decision making authorityas appropriate to determine the applicant's overall qualification and abilityto successfully meet the performance standards of the position. The decisionmaking authority shall document such factors prior to the initiation of theselection process.
(3) "Disabled veteran" means a person who has served on active duty in thearmed forces, has been separated therefrom under honorable conditions, and hasestablished the present existence of a service-connected disability or isreceiving compensation, disability retirement benefits, or pension because of apublic statute administered by the department of veterans affairs or a militarydepartment.
(b) In grateful recognition of the services, sacrifices and sufferings ofveterans who served in the army, navy, air force,coast guard ormarine corps of theUnited States in world war I and world war II, and of persons who haveserved with the armed forces of the United States during the military,naval and air operations in Korea, Viet Nam, Iraq, Afghanistan or otherplaces under the flagsof the United States and the United Nations or under the flag of the UnitedStates alone, and have been honorably discharged therefrom, theprovisions of this section are enacted.
(c) Veterans shall bepreferred for initialemployment and first promotionin the state government ofKansas, and in thecounties and cities of this state, if competent to perform such services. Anyveteran thus preferred shall not be disqualifiedfrom holding anyposition in such service on account of theveteran's age orby reason of any physicalor mental disability as long as such age or disabilitydoes not render the veteran incompetent to perform the dutiesof the position applied for. When any veteran shall apply forappointment toany such position, place, or employment, the officer, board or person whoseduty it is or may be to appoint a person to fill such place shall, if theapplicant be a veteran of good reputation, and cancompetently perform the dutiesof the position applied for by the veteran, consider the veteran forappointment tosuch position, place, oremployment.Within 30 days of filling a position, eligible veterans who have applied andare not hired shall be notified by certified mail or personal service that theyare not being hired. Such notice also shall advise the veteran of anyadministrativeappeal available.
(d) The provisions of this act shall not be applicable toany persons classed as conscientious objectors. The provisions of this actshall not be controlling over the provisions of any statute, countyresolution or city ordinance relating to retirement, or termination on thebasis of age, of employees of the state or any county or city. Wheneverunder any statute, county resolution or city ordinance retirement, ortermination on the basis of age, of any employee is required at a certainage, or is optional with the employer at a certain age, such provisions ofsuch statute, resolution or ordinance shall be controlling and shall not belimited by this section.
(e) All notices of job openings, if any, and all applications foremployment, if any, by thestate and any city or county in this state shall state that the job is subjectto a veteran's preference, how the preference works and how veterans may takeadvantage of the preference andpost awritten statement of: (1) The qualifications for such position; (2) anypreferred qualifications of such position; (3) performance standards for theposition; and (4) the process that will be used for selection. A veteran, or aspouse whoqualifies for the veteran's preference,desiring to use a veteran's preference shall provide the hiring authority withacopy of the veteran's DD214 formor the DD214 form of theveteran under which the spouse qualifies for the preference.
(f) Every employment center of the state and any city orcounty human resources department, if any, shall openly display documents thatindicate that veterans are eligiblefor a preference in their initial employment and any first promotion withinthe employment of the governmental entity.
(g) Any veteran who alleges that a state agency, city or county has notprovided the veterans preference as required by this act, after exhausting anyavailable administrative remedy, may bring an action in the district court.
History: L. 1886, ch. 160, § 1; L. 1901, ch. 186, § 1; L. 1907, ch. 374, § 1;L. 1919, ch. 280, § 1; R.S. 1923, 73-201; L. 1945, ch. 301, § 1; L. 1951,ch. 429, § 1; L. 1970, ch. 306, § 1;L. 2008, ch. 99, § 1; July 1.
Chapter 73.--SOLDIERS, SAILORS AND PATRIOTIC EMBLEMS
Article 2.--VETERANS' PREFERENCE
73-201.Preference in governmental employment andpromotion; notice when veteran not hired; notice of job openings, informationregarding preference; remedy when preference not provided.(a) As used in this act: (1) "Veteran" means:
(A) Any person who entered the armed forces before October 15,1976, and separated from the armed forcesunder honorable conditions, if such person served: (i) Onactive duty during any war (theofficial dates for war service are April 6, 1917 through July 2, 1921, andDecember 7, 1941 through April 28, 1952); (ii) during the period April 28,1952through July 1, 1955; (iii) in any campaign or expedition for which acampaignbadge or service medal has been authorized; or (iv) for more than 180consecutivedays since January 31, 1955, but before October 15, 1976, excluding an initialperiod of active duty for training under the "six-month"reserve or national guard program;
(B) any person who enteredthe armed forces on or after October 15, 1976, and separated from the armedforces under honorable conditions, ifsuch person was awarded aservice medal or campaign badge;
(C) any person who separated from the armed forces under honorableconditions and has a disability certified by the United States department ofveterans affairs as being service connected, has been issued the purple heartby the United States government or has been released from activeservice with a service-connected disability;
(D) the spouse of a veteran who has a 100% service connected disability asdetermined by the United States department of veteran affairs;
(E) the unremarried spouse of a veteran who diedwhile, and as a result of, serving in armed forces; and
(F) the spouse of a prisoner of war, as defined by K.S.A. 75-4364, andamendments thereto.
Notwithstanding the foregoing, the term "veteran" shall not apply to any personwho retired from the active military with the pay grade of 04 or above unlesstheperson retired due to wounds received in combat or is a disabled veteran.
(2) "Competent" means a good faith determination that the person is likely tosuccessfully meet theperformance standards of the position based on what a reasonable personknowledgeable in the operation of the position would conclude from allinformation available at the time the decision is made. The basis for suchdetermination shall include experience, training, education, licensure,certification and/or other factors determined by the decision making authorityas appropriate to determine the applicant's overall qualification and abilityto successfully meet the performance standards of the position. The decisionmaking authority shall document such factors prior to the initiation of theselection process.
(3) "Disabled veteran" means a person who has served on active duty in thearmed forces, has been separated therefrom under honorable conditions, and hasestablished the present existence of a service-connected disability or isreceiving compensation, disability retirement benefits, or pension because of apublic statute administered by the department of veterans affairs or a militarydepartment.
(b) In grateful recognition of the services, sacrifices and sufferings ofveterans who served in the army, navy, air force,coast guard ormarine corps of theUnited States in world war I and world war II, and of persons who haveserved with the armed forces of the United States during the military,naval and air operations in Korea, Viet Nam, Iraq, Afghanistan or otherplaces under the flagsof the United States and the United Nations or under the flag of the UnitedStates alone, and have been honorably discharged therefrom, theprovisions of this section are enacted.
(c) Veterans shall bepreferred for initialemployment and first promotionin the state government ofKansas, and in thecounties and cities of this state, if competent to perform such services. Anyveteran thus preferred shall not be disqualifiedfrom holding anyposition in such service on account of theveteran's age orby reason of any physicalor mental disability as long as such age or disabilitydoes not render the veteran incompetent to perform the dutiesof the position applied for. When any veteran shall apply forappointment toany such position, place, or employment, the officer, board or person whoseduty it is or may be to appoint a person to fill such place shall, if theapplicant be a veteran of good reputation, and cancompetently perform the dutiesof the position applied for by the veteran, consider the veteran forappointment tosuch position, place, oremployment.Within 30 days of filling a position, eligible veterans who have applied andare not hired shall be notified by certified mail or personal service that theyare not being hired. Such notice also shall advise the veteran of anyadministrativeappeal available.
(d) The provisions of this act shall not be applicable toany persons classed as conscientious objectors. The provisions of this actshall not be controlling over the provisions of any statute, countyresolution or city ordinance relating to retirement, or termination on thebasis of age, of employees of the state or any county or city. Wheneverunder any statute, county resolution or city ordinance retirement, ortermination on the basis of age, of any employee is required at a certainage, or is optional with the employer at a certain age, such provisions ofsuch statute, resolution or ordinance shall be controlling and shall not belimited by this section.
(e) All notices of job openings, if any, and all applications foremployment, if any, by thestate and any city or county in this state shall state that the job is subjectto a veteran's preference, how the preference works and how veterans may takeadvantage of the preference andpost awritten statement of: (1) The qualifications for such position; (2) anypreferred qualifications of such position; (3) performance standards for theposition; and (4) the process that will be used for selection. A veteran, or aspouse whoqualifies for the veteran's preference,desiring to use a veteran's preference shall provide the hiring authority withacopy of the veteran's DD214 formor the DD214 form of theveteran under which the spouse qualifies for the preference.
(f) Every employment center of the state and any city orcounty human resources department, if any, shall openly display documents thatindicate that veterans are eligiblefor a preference in their initial employment and any first promotion withinthe employment of the governmental entity.
(g) Any veteran who alleges that a state agency, city or county has notprovided the veterans preference as required by this act, after exhausting anyavailable administrative remedy, may bring an action in the district court.
History: L. 1886, ch. 160, § 1; L. 1901, ch. 186, § 1; L. 1907, ch. 374, § 1;L. 1919, ch. 280, § 1; R.S. 1923, 73-201; L. 1945, ch. 301, § 1; L. 1951,ch. 429, § 1; L. 1970, ch. 306, § 1;L. 2008, ch. 99, § 1; July 1.
