BY WHICH VETERANS MAY BE GRANTED EMPLOYMENT PREFERENCES OVER OTHER APPLICANTS. FOR EXAMPLE, 74 O.S. 841.15 (19910 PROVIDES THAT THE OFFICE OF PERSONNEL MANAGEMENT ("OPM") MAY ADD FIVE POINTS TO THE FINAL SCORE OF THE ENTRANCE EXAMINATION ADMINISTERED BY OPM OF ANY VETERAN OR UNREMARRIED SURVIVING SPOUSE OF A VETERAN AND FIVE OR TEN POINTS MAY BE ADDED TO THE FINAL SCORE OF THE ENTRANCE EXAMINATION OF CERTAIN DISABLED WAR VETERANS. IN ADDITION, TITLE 72 O.S. 401 OF THE OKLAHOMA STATUTES, THE OKLAHOMA SPECIAL DISABLED VETERANS EMPLOYMENT ACT, PROVIDES CERTAIN EXEMPTIONS FROM ENTRANCE EXAMINATIONS TO VETERANS WHO HAVE A 30% OR GREATER SERVICE CONNECTED DISABILITY.
IT IS, THEREFORE, THE OPINION OF THE UNDERSIGNED ATTORNEY THAT:
1. THE OKLAHOMA EMPLOYMENT SECURITY COMMISSION MAY LIMIT ITS REVIEW AND ACCEPTANCE OF APPLICATIONS FOR POSITIONS FUNDED PURSUANT TO 38 U.S.C.A. 4100 ET SEG. TO PERSONS QUALIFIED FOR THOSE POSITIONS PURSUANT TO 38 U.S.C.A. 4103A AND 38 U.S.C.A. 4104. THE OKLAHOMA EMPLOYMENT SECURITY MUST COMPLY, TO THE FULLEST EXTENT POSSIBLE, WITH THE PROVISIONS OF THE OKLAHOMA PERSONNEL ACT, 74 O.S. 840.1 ET SEQ., AND WITH TITLE 38 U.S.C. 4100 ET SEG. THE LIMITATIONS OF 38 U.S.C. 4103A, WHICH PROHIBIT THE OKLAHOMA EMPLOYMENT SECURITY COMMISSION FROM HIRING A NON-VETERAN FOR THE POSITION CREATED BY THAT SECTION, WOULD PREVENT THE OESC ACCEPTING AN APPLICATION FOR THAT POSITION FROM ANY NON-VETERAN, ALTHOUGH THAT SECTION DOES MAKE PROVISION FOR THE HIRING, UNDER CERTAIN CIRCUMSTANCES, OF NON-DISABLED VETERANS AND NON-VIETNAM VETERANS. THE LIMITATIONS OF 38 U.S.C. 4104, WHICH REQUIRE THE OESC TO GIVE PREFERENCE FIRST TO VARIOUS QUALIFIED VETERAN AND THEN TO A QUALIFIED NON-VETERAN ELIGIBLE PERSON, MUST BE COMPLIED WITH AS EXPRESSED IN THAT SECTION.
2. THE OKLAHOMA EMPLOYMENT SECURITY COMMISSION MAY OPEN POSITIONS TO APPLICANTS OUTSIDE OF THE OESC AND OTHER STATE AGENCIES IF SUCH ACTION IS NECESSARY TO COMPLY WITH THE REQUIREMENTS OF 38 U.S.C. 4100 ET SEQ.
(JAMES ROBERT JOHNSON)