2.21.1422 EMPLOYMENT COVERED
(1) Public employers covered by the Persons with
Disabilities Employment Preference Act, 39-30-101 et seq., MCA,
(a) "any department, office, board, bureau, commission, agency, or other
instrumentality of the executive, judicial, or legislative branch of the
government of the state of Montana; and
(b) any county, city, or town.
term does not include a school district, a college of technology, a community
college, the board of regents of higher education, the Montana university system,
a special purpose district, an authority, or any political subdivision of the
state other than a county, city, or town."
(3) All permanent and seasonal employment is
covered by the employment preference.
(4) Temporary and short-term employment is excluded from the employment
preference. Temporary employment is established for a definite period of time
not to exceed 12 months. Shortterm employment is established for a definite
period not to exceed 90 days in one year.
provided in 39-30-103, MCA, position means "a position
occupied by a permanent or seasonal employee as defined in 2-18-101,
MCA, for the state or a position occupied by a similar permanent or seasonal
employee with a public employer other than the state. However, the term does
position occupied by a temporary employee as defined in 2-18-101,
MCA, for the state or similar temporary employee with a public employer other
than the state;
(b) a state or local elected official;
(c) employment as an elected official's immediate secretary, legal adviser, court
reporter, or administrative, legislative, or other immediate or first-line
(d) appointment by an elected official to a body
such as a board, commission, committee, or council;
(e) appointment by an elected official to a
public office if the appointment is provided for by law;
department head appointment by the governor or an executive department head
appointment by a mayor, city manager, county commissioner, or other chief
administrative or executive officer or a local government; or
(g) engagement as an independent contractor or
employment by an independent contractor."
(6) Also excluded is appointment by lawful
authority to fill an unexpired term in an elected office.
(7) A temporary employee shall not be considered a
current employee for purposes of ARM 2.21.1423. If a temporary employee is considered in the applicant pool for
permanent or seasonal employment, the
selection is considered an initial hire and the employment preference must be
History: 39-30-106, MCA; IMP, 39-30-101 et seq. , MCA; NEW, 1984 MAR p. 425, Eff. 3/16/84; AMD, 1990 MAR p. 485, Eff. 3/16/90; AMD, 1998 MAR p. 157, Eff. 12/16/97.