Policy 5123 - Veteran's Preference

The District shall give preference in hiring, and in the case a reduction in force, consideration for a retention, to veterans, unmarried widows and widowers of veterans, and the spouse of any veteran who is unable to work in public employment due to a service-connected disability. Such applicants shall be referred to as “preference eligible applicants” throughout this policy.

This preference does not apply to temporary positions or to appointments to the Board.

For the purpose of this policy, “veterans” means any person who has been discharged or released from active duty in the armed forces under honorable conditions who served on active duty for at least 180 consecutive days.

Applications for qualifying positions shall ask whether the applicant is claiming veterans’ preference. The form shall also indicate what documentation is required to confirm veteran status, such as DD-214 certificate or other documentation approved by the district.

Any application for a position submitted by a preference eligible applicant shall be considered, provided it is received before a candidate is chosen to fill the position, regardless of whether the application is received before the deadline to receive applications.

The District shall interview all preference eligible applicants who qualify for the position for which they have applied unless the total number of preference eligible applicants applying for a position exceeds ten.

A preference eligible applicant shall be hired in cases where no other employee is more qualified or there is no articulable reason to select another candidate.

Appeal Process

If an applicant or employee believes they have been denied preference to which they are entitled under this procedure, they may appeal the decision within 35 days of the alleged denial of preference by submitting a written request for appeal to the Board clerk. Such request must include:

  1. The applicant or employee’s full name and mailing address; 
  2. A request for either a telephonic or a face-to-face hearing. In the former case, the telephone number where a telephonic hearing may be conducted must be included;  
  3. The position applied for (if applicable); 
  4. A brief statement of the applicant or employee’s basis of eligibility for a preference;  
  5. A brief statement of the issues the applicant or employee proposes to raise at the hearing; and 
  6. Any dates or times the petitioner or the petitioner’s attorney cannot be available for a hearing. 

The Board shall direct the Superintendent to notify the applicant or employee of the time and date of the hearing and that the Board shall be the presiding officer at the hearing. Such notice shall be provided at least seven days before the hearing and indicate: 

  1. Whether the meeting will be by phone or in person; 
  2. The location of the meeting, if it will be held in person. In person meetings may only be held in the city where the position is located unless the parties agree otherwise; and 
  3. The address to which relevant documents must be sent. 

The hearing shall be held within 35 days of receipt of the request unless good cause to extend the hearing is shown by the Board or by the applicant/employee, in which case the hearing must be held within 70 days.

Prior to the hearing, each side shall notify the others of the witnesses they intend to call and provide one another with copies of any documents to be presented. Evidence may be considered or rejected in accordance with IDAPA

The applicant or employee may be represented by an attorney, at their own expense, if they chose.

The Board shall issue a written order reflecting its decision on the matter within 35 days of the hearing.  The order shall include:

  1. Specific findings on all major facts at issue;  
  2. A reasoned statement in support of the decision;  
  3. All other findings and recommendations of the Board;  
  4. A preliminary decision finding that a preference was or was not applied by the public employer as required by Idaho law; 
  5. The procedure and time limits for filing an appeal to the district court under Section 65506, Idaho Code.   

Procedure History: 
Adopted on: September 22, 2022 Revised on:  
Reviewed on: