Staff Report 1982 No 16

Cover Staff Report 1982 No 16
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Some agencies grant a form of preference to residents of Montana by refusing to consider applications from out of state applicants.
There are two major unresolved preference issues: 1) What is the nature of the various preferences accorded by law, rule or policy? and 2) What is the procedure for applying preference when competing preferred persons are in a single pool of candidates?
II. RECOMMENDATIONS: 1. The nature of all preferences accorded by law or administrative rule should be of a tie b
...reaking nature.
It is essential to good government that state agency management be allowed to seek out the most qualified individuals available and hire from among that group.
By breaking a tie in favor of a preferred person where all other qualifications are substantially equal, the state can fulfil?*, its mandates for efficiently conducting state 'government and assisting persons with special employment problems.
Preferences should be applied as follows: a. Statutory preferences resulting from state or federal law should be applied before those resulting from administrative law or agency policy.


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