TITLE 65

SERVICE MEMBERS — VETERANS — SPOUSES AND DEPENDENTS

CHAPTER 5

RIGHTS AND PRIVILEGES OF VETERANS

65-502.  Definitions. As used in this chapter:

(1)  "Applicant" means an individual applying for a position with a public employer.

(2)  "Armed forces" means the army, navy, marine corps, coast guard, space force, air force, and the reserve components thereof.

(3)  "Civil service position" means a position for which the public employee is selected from a pool of applicants through a competitive examination, a merit system or any other rating system based on experience and qualifications.

(4)  "Disabled veteran" means those veterans separated under honorable conditions who:

(a)  Qualify as disabled veterans because they have served on active duty in the armed forces and have a current service-connected disability of ten percent (10%) or more or are receiving compensation related to a service-connected disability including retirement benefits or pension from the military or the department of veterans affairs; or

(b)  Are purple heart recipients.

(5)  "Honorable conditions" means an honorable discharge or a general discharge "under honorable conditions."

(6)  "Initial appointment" means the first time a qualified veteran is hired by a county or a municipal government or the state, provided however, subsequent separation from the county, municipal government or the state shall not result in the award of new preference or preference points with that governmental entity. "Initial appointment" shall not include:

(a)  Jobs held by patients, inmates or students in or enrolled at a state institution;

(b)  Temporary or casual employment; or

(c)  An office filled by election.

(7)  "Key employee" means an individual specifically hired for an "at will" position that is not a civil service position and where:

(a)  The position requires an advanced degree and the exercise of independent judgment for a majority of the public employee’s duties;

(b)  The primary duty of the position is the management of a department or subdivision of the public employer and the position requires the exercise of independent judgment for a majority of position duties;

(c)  The primary duty of the position is administrative work arising from the management of a department or subdivision of the public employer or administrative work arising from the exercise of the duties of an elected official and the public employee holds a confidential relationship to the appointing or employing officer or elected official; or

(d)  The primary duty of the position is to provide advice or consultation to an elected official and the public employee holds a confidential relationship to the elected official.

(8)  "Military duty" means training and service performed by an inductee, enlistee or reservist or any entrant into a component of the armed forces of the United States, provided "military duty" shall not include active duty training as a reservist in the armed forces of the United States or as a member of the national guard of the United States where the call is for training only.

(9)  "Position" means a job held by a public employee but shall not include:

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

(b)  Temporary or casual employment; or

(c)  An office filled by election.

(10) "Preference eligible" means an individual eligible for preference under section 65-503, Idaho Code.

(11)  "Public employee" means any person holding a position in public employment.

(12)  "Public employer" means any government, department or agency mentioned in subsection (13) of this section employing a public employee in a position.

(13) "Public employment" means employment by the government of this state, or by any county, municipality or other political subdivision of the state, including any department or agency thereof.

(14) "Register" means a list of names of persons who have been determined to be eligible for employment in a civil service position.

(15) "Service-connected disability" means that the veteran is disabled due to injury or illness that was incurred in or aggravated by military service as certified by the federal veterans administration or an agency of the department of defense.

(16) "Temporary or casual employment" means employment for a brief, nonrecurrent period where there is no reasonable expectation that such employment will continue indefinitely or for a significant period of time.

History:

[65-502, added 2006, ch. 51, sec. 2, p. 146; am. 2011, ch. 284, sec. 1, p. 772; am. 2013, ch. 188, sec. 1, p. 465; am. 2020, ch. 44, sec. 1, p. 98; am. 2024, ch. 266, sec. 3, p. 928.]