Tennessee § 8-30-307 - Invitations to interview candidates who are armed forces veterans — Preference to veterans — Spouse or surviving spouse of veteran.

§ 8-30-307. Invitations to interview candidates who are armed forces veterans — Preference to veterans — Spouse or surviving spouse of veteran.

When invitations to interview candidates are extended, whether for appointment or promotion, and the list of eligibles includes any person who has been honorably discharged from the army, navy, air force, marine corps or coast guard or any member of the reserve components, as defined in 10 USC § 10101, who performs active federal service in the armed forces of the United States, these persons must be invited to interview. If a veteran is on the list of eligibles, and if the minimum qualifications and the skills, abilities, competencies and knowledge of the veteran and any another applicant being interviewed for the position are equal, preference shall be given to the veteran for the position. When invitations to interview candidates are extended, whether for appointment or promotion, the spouse or surviving spouse of a veteran must be invited to interview, if the spouse or surviving spouse is a qualified voter in Tennessee or has been a resident of this state for two (2) years preceding such person's application, and one (1) of the two (2) following circumstances exists: As a result of such military service, the veteran suffered a one hundred percent (100%) service-connected disability or is permanently and totally disabled; or The veteran died in the line of duty during such military service; and The surviving spouse has not remarried since the death of the veteran. Any appointing authority who passes over an eligible veteran and selects an eligible nonveteran shall file with the commissioner, within thirty (30) days, the reasons for so doing, which reasons will become a part of the veteran's record, but will not be made available to anyone other than the veteran, except in the discretion of the appointing authority. Acts 2012, ch. 800, § 28; 2018, ch. 771, § 1. Compiler's Notes. Acts 2012, ch. 800, § 1 provided that the act, which repealed and reenacted this part, shall be known and cited as the “Tennessee Excellence, Accountability, and Management (T.E.A.M.) Act of 2012.” Acts 2018, ch. 771, § 2 provided that the act, which amended this section, shall apply to denials of the veteran hiring preference occurring on or after July 1, 2018. Former part 3, §§ 8-30-301 — 8-30-333 (Acts 1939, ch. 221, §§ 8, 14-27, 30-34, 37; 1947, ch. 6, §§ 1, 2; 1949, ch. 112, § 1; C. Supp. 1950, §§ 1034.30, 1034.36 — 1034.49, 1034.52 — 1034.56, 1034.59 (Williams, §§ 423.24h, 423.24n — 423.24z, 423.24aa, 423.24dd — 423.24hh, 423.24kk); Acts 1953, ch. 131, § 1; impl. am. Acts 1959, ch. 9, § 4; Acts 1959, ch. 146, §§ 1, 2; impl. am. Acts 1961, ch. 97, §§ 2, 4; Acts 1961, ch. 211, § 1; 1967, ch. 242, § 1; 1967, ch. 366, §§ 2, 3; 1971, ch. 264, § 1; 1972, ch. 453; 1979, ch. 241, § 1; 1979, ch. 262, §§ 1, 2; T.C.A. (orig. ed.), §§ 8-3201 — 8-3-3220 , 8-3222 — 8-3227; Acts 1980, ch. 701, §§ 8,9; 1980, ch. 834, § 1; 1980, ch. 880, § 1; Acts 1980, ch. 882, § 1; 1981, ch. 423, § 1; 1981, ch. 429, § 6; 1981, ch. 430, § 1; 1982, ch. 853, § 1; 1982, ch. 884, § 1; 1983, ch. 79, §§ 1-4; 1983, ch. 279, § 1; 1983, ch. 288, § 1; 1984, ch. 622, § 1; 1984, ch. 658, § 1; 1984, ch. 842, § 1; 1986, ch. 869, §§ 4-7, 10-15, 18, 23; 1987, ch. 69, §§ 2, 3, 5; 1987, ch. 101, § 1; 1987, ch. 353, § 1; Acts 1987, ch. 359, § 1; 1988, ch. 576, § 1; 1988, ch. 612, §§ 1, 2; 1988, ch. 778, § 1; 1988, ch. 893, § 1; 1989, ch. 44, § 1; 1989, ch. 284, § 1; 1989, ch. 591, § 113; 1990, ch. 723, § 1; 1991, ch. 48, §§ 1-3; 1991, ch. 238, § 1; 1992, ch. 609, §§ 1, 2; 1992, ch. 729, § 1; 1992, ch. 792, §§ 1, 2; 1993, ch. 268, §§ 1, 2; 1993, ch. 290, §§ 1, 2; 1993, ch. 496, § 1; 1994, ch. 631, § 1; 1994, ch. 671, §§ 1, 2; 1996, ch. 947, § 1; 1998, ch. 736, § 1; 1999, ch. 520, § 32; 1999, ch. 534, § 1; 2000, ch. 656, § 2; 2001, ch. 159, § 1; 2003, ch. 355, § 11; 2009, ch. 1, § 2; 2010, ch. 746, § 1; 2010, ch. 794, § 1; 2011, ch. 47, § 5), concerning civil service appointments and tenure, was repealed and reenacted by Acts 2012, ch. 800, §§ 22-41, effective October 1, 2012. Attorney General Opinions. Veterans’ employment statutes, OAG 06-136, 2006 Tenn. AG LEXIS 157 (8/22/06). Amendments. The 2018 amendment substituted “shall be given” for “will be given” in (b). Effective Dates. Acts 2018, ch. 771, § 2. July 1, 2018. Collateral References. Constitutionality of state veterans' public employment preference laws. 161 A.L.R. 494 . Veterans' preference. 87 A.L.R. 1002 , 146 A.L.R. 818 , 161 A.L.R. 494 .