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2.21.3603    DEFINITIONS

For purposes of the sub-chapter, the following definitions apply:

(1) "Armed forces" means, as provided in 39-29-101, MCA, "the

(a) United States army, navy, air force, marine corps, and coast guard;

(b) merchant marine for service recognized by the United States department of defense as active military service for the purpose of laws administered by the department of veterans affairs; and

(c) Montana army and air national guard."

(2) (a) "Initial hiring" means, as provided in 39-30-103, MCA, "a personnel action for which applications are solicited from outside the ranks of the current employees of:

(i) a department, as defined in 2-15-102, MCA, for a position within the executive branch;

(ii) a legislative agency for a position within the legislative branch;

(iii) a judicial agency, such as the office of supreme court administrator, office of supreme court clerk, state law library, or similar office in a state district court for a position within the judicial branch;

(iv) a city or town for a municipal position, including a city or municipal court position; and

(v) a county for a county position, including a justice's court position."

(b) A personnel action limited to current employees of a specific public entity identified in 39-30-103, MCA, current employees in a reduction-in-force pool who have been identified in 39-30-103, MCA, or current participants in a federally authorized employment program is not an initial hiring.

(3) "Military duty" means, as provided in 39-29-101, MCA, "duty with military pay and allowances in the armed forces."

(4) "Minimum qualifications" means the basic competencies (knowledge, skills, and behaviors) needed to adequately perform the duties of the position from the first day of employment. The applicant must possess the education and experience that leads to the required competencies.

(5) "Non-numerical scoring" means assessing the applicant's degree of success or failure on a selection device or combination of devices without employing a numerical score, for example, a plus (+) for superior, a check ( ) for satisfactory and a minus (-) for unsatisfactory.

(6) "Position" means, as provided in 39-29-101, MCA, "a position occupied by a permanent, temporary, or seasonal employee as defined in 2-18-101, MCA, for the state or a similar permanent, temporary, or seasonal employee with a public employer other than the state.  The term does not include:

(a) a state or local elected office;

(b) appointment by an elected official to a body such as a board, commission, committee, or council;

(c) appointment by an elected official to a public office if the appointment is provided for by law;

(d) a department head appointment by the governor or an executive department head appointment by a mayor, city manager, county commissioner, other chief administrative or executive officer of a local government; or

(e) engagement as an independent contractor or employment as an independent contractor."

(7) "Public employer" means, as provided in 39-29-101, MCA:

(a) "a department, office, board, bureau, commission, agency, or other instrumentality of the executive, legislative, or judicial branches of the government of this state;

(b) a unit of the Montana university system;

(c) a school district or community college; and

(d) a county, city, or town."

(8) "Reduction-in-work force" (RIF) means, "a management action taken for non-disciplinary reasons in which an employee is laid off from employment.  The RIF may take place for reasons including, but not limited to: elimination of programs; reduction in FTEs; lack of work; lack of funds; expiration of grants; reorganization of a state agency; or privatization of a service normally or traditionally provided by an employee of a department."

(9) "Scored procedure" means, as provided in 39-29-101, MCA, "a written test, structured oral interview, performance test, or other selection procedure or a combination of these procedures that results in a numerical score to which percentage points may be added."

(10) "Substantially equal qualifications" means, as provided in 39-30-103, MCA, "the qualifications of two or more persons among whom the public employer cannot make a reasonable determination that the qualifications held by one person are significantly better suited for the position than the qualifications held by the other persons."

(11) "Under honorable conditions" means, as provided in 39-29-101, MCA:

(a) "a discharge or separation from military duty characterized by the armed forces as under honorable conditions.

(i) The term includes honorable discharges and general discharges.

(ii) The term does not include dishonorable discharges or other administrative discharges characterized as other than honorable."

History: 39-29-112, MCA; IMP, 39-29-101, 39-29-102, 39-29-103, 39-29-104, 39-29-105, 39-29-111 and 39-29-112, MCA; NEW, 1990 MAR p. 478, Eff. 3/16/90; AMD, 1997 MAR p. 1445, Eff. 8/19/97; AMD, 2000 MAR p. 450, Eff. 2/11/00; AMD, 2003 MAR p. 2077, Eff. 10/1/03.

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