Veteran Entitled to Additional Five Points on Civil Service Examination Score

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Eligibility and Qualifications for Office
  5. Veterans' Civil Service Preference
  6. Veteran Entitled to Additional Five Points on Civil Service Examination Score

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  1. Any veteran who has served on active duty as a member of the armed forces of the United States for a period of more than 180 days, not counting service under an initial period of active duty for training under the six-months' reserve or National Guard programs, any portion of which service occurred during a period of armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who was honorably discharged therefrom shall be entitled to and shall have five points added to his passing score on any competitive civil service examination for employment with the state government or any political subdivision thereof; provided, however, that such veteran is not already eligible for veterans preference under Article IV, Section III, Paragraph II of the Constitution of Georgia.
  2. Notwithstanding the 180 day minimum active duty requirement of subsection (a) of this Code section, the five-point preference granted to veterans under said subsection shall apply to any member of the National Guard or armed forces reserve who served on active duty for any length of time during any portion of the time the armed forces of the United States were engaged in Operation Desert Shield or Operation Desert Storm if such service occurred in an area of imminent danger as defined by the United States Department of Defense as follows:

    "Area of imminent danger" means:

    1. The Persian Gulf;
    2. The Red Sea;
    3. The Gulf of Oman;
    4. The portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude;
    5. The Gulf of Aden; and
    6. The total land area of Saudi Arabia, Kuwait, Iraq, Yemen, Oman, Bahrain, Qatar, and the United Arab Emirates.

(Ga. L. 1969, p. 642, § 1; Ga. L. 1983, p. 3, § 61; Ga. L. 1984, p. 22, § 45; Ga. L. 1992, p. 2087, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "National Guard" was substituted for "national guard" in subsection (a).

Law reviews.

- For article, "Veterans' Preferences in Public Employment: Unconstitutional Gender Discrimination?," see 26 Emory L.J. 13 (1977).

JUDICIAL DECISIONS

Justification for preference.

- The veterans' hiring preference has traditionally been justified as a measure designed to reward veterans for the sacrifice of military service, to ease the transition from military to civilian life, to encourage patriotic service, and to attract loyal and well-disciplined people to civil service occupations. Dash v. Department of Human Resources, 153 Ga. App. 633, 266 S.E.2d 305 (1980).

RESEARCH REFERENCES

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 37, 69.

ALR.

- Character of service or connection with military or naval service necessary to entitle one to benefit of veterans' prefer statute in relation to civil service, 87 A.L.R. 1002.

Constitutionality of state veterans' public employment preference laws, 161 A.L.R. 494.

Rights of non-civil service public employees, with respect to discharge or dismissal, under state veterans' tenure statutes, 58 A.L.R.2d 960.


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