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

   1. (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
   2. (b) any county, city, or town.
2. (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. (3) All permanent and seasonal employment is covered by the employment preference.
4. (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. (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:

   1. (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;
   2. (b) a state or local elected official;
   3. (c) employment as an elected official's immediate secretary, legal adviser, court reporter, or administrative, legislative, or other immediate or first-line aide;
   4. (d) appointment by an elected official to a body such as a board, commission, committee, or council;
   5. (e) appointment by an elected official to a public office if the appointment is provided for by law;
   6. (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
   7. (g) engagement as an independent contractor or employment by an independent contractor."
6. (6) Also excluded is appointment by lawful authority to fill an unexpired term in an elected office.
7. (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.

Authorizing statute(s): 39-30-106, MCA

Implementing statute(s): 39-30-101 et seq. , MCA

History: 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.