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Keywords

statute

Related Cases

Olson v. State, Dept. of Revenue, 235 Mont. 31, 765 P.2d 171, 49 Empl. Prac. Dec. P 38,777

Facts

Mr. Olson applied for a job as an appraisal clerk with the Department of Revenue in Dillon, Montana, claiming a preference in hiring under the Montana Veterans' and Handicapped Persons' Employment Preference Act. The Department used an objective scoring system to evaluate 56 applicants, which included applications, written examinations, and oral interviews. Mr. Olson scored 201.6 points, while the successful applicant scored 219 points. The Department concluded that there was no close grouping of applicants that would justify applying the veterans' preference.

Mr. Olson applied for a job as an appraisal clerk with the DOR in Dillon, Montana, claiming a preference in hiring under the Montana Veterans' and Handicapped Persons' Employment Preference Act (Act). The DOR used an extensive objective scoring system for rating the 56 applicants for the position.

Issue

1) Whether the Department of Revenue erred in considering application of the preference only after using its objective scoring system to evaluate the applicants, and 2) whether the Department and the District Court properly concluded that Mr. Olson was not substantially equally qualified with the successful applicant.

We restate the issues as 1) whether the DOR erred in considering application of the preference only after using its objective scoring system to evaluate the applicants, and 2) whether the DOR and the District Court properly concluded that Mr. Olson was not substantially equally qualified with the successful applicant.

Rule

A job applicant who is a veteran or handicapped person and claims the right to a preference is entitled to be hired over any other applicant with substantially equal qualifications who is not a preference eligible applicant.

1 Title 39, Chapter 30, MCA, the resulting Act, provides at § 39–30–201, MCA, that a job applicant who is a veteran or handicapped person and claims the right to a preference is entitled to be hired “over any other applicant with substantially equal qualifications who is not a preference eligible applicant.”

Analysis

The court found that the Department of Revenue properly applied the preference statute by first determining the applicants' point scores based on their qualifications and then considering whether the preference should be applied. The scoring system was deemed reasonable, and the court concluded that Mr. Olson and the successful applicant were not substantially equally qualified based on their respective scores and qualifications.

We conclude that the DOR gave proper effect to the statutes in first determining applicants' point scores, then considering whether the preference should be applied.

Conclusion

The court affirmed the decision of the District Court, concluding that Mr. Olson was not entitled to the veterans' preference in hiring.

We hold that the District Court did not abuse its discretion in concluding that the DOR's scoring procedure was reasonable.

Who won?

Montana Department of Revenue prevailed because the court found that Mr. Olson was not substantially equally qualified with the successful applicant, thus the veterans' preference did not apply.

The court affirmed the decision of the District Court, concluding that Mr. Olson was not entitled to the veterans' preference in hiring.

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