2.21.1422    EMPLOYMENT COVERED

(1) Public employers covered by the Persons with Disabilities Employment Preference Act, 39-30-101 et seq., MCA, include:

(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.

(2) The 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.

(5) As 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 not include:

(a) a 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 aide;

(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;

(f) a 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 applied.

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.