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security burial allo~
<br />
<br />~mily member, or
<br />)unty on the
<br />'tery by submitt/a
<br />,rtment and avaflabl,
<br />burial plots on a
<br />· the interment of ar
<br />as administration
<br />
<br />hild of a veteran
<br /> in the state
<br />e same burial plot
<br />Dr below the
<br />:dule which may
<br />, shall cover as
<br />lay accept the social
<br />in an amount not to
<br />
<br />: sections 136C.13
<br />; or a resident
<br />'anch of the armed
<br />;1 consecutive day_s
<br />3r who has met the
<br />egulafions, rifle
<br />on 401,
<br />· Unite~
<br />norable
<br />
<br />s 15; 1977
<br />J92 c 410 s
<br />
<br />VETERANS: REWARDS, PRIVILEGES 197.46
<br />
<br />VETERANS, OTHER PROVISIONS
<br />
<br /> STATE LAW APPLICABLE.
<br /> 'The provisions of section 43A. 11 granting preference to veterans in the state civil
<br /> shall also govern preference of a veteran under the civil service laws, charter
<br /> ordinances, rules or regulations of a county, city, town, school district, or
<br /> t or political subdivision of this state, except that a notice of rejection
<br /> the reasons for rejection of a qualified veteran shall be filed with the appropriate
<br /> personnel officer. Any provision in a law, charter, ordinance, rule or regulation
<br /> to the applicable provisions of section 43A. 11 is void to the extent of such
<br /> :y. Sections 197.46 to 197.48 shall not apply to state civil service.
<br />
<br /> :. History: I975 c 45 s 4; I981 c 210 s 54
<br />
<br />· 197.46 VETERANS PREFERENCE AC'I'; REMOVAL FORBIDDEN; RIGHT OF
<br />MANDAMUS.
<br /> Any person whose rights may be in any way prejudiced contrary to any of the provi-
<br />xions of this section, shall be entitled to a writ of mandamus to remedy the wrong..No
<br />,person holdin~ a nosition by anoointment or emvloYment in the several counties, cities.
<br />town: school districts and all other political subdivisions in the stat.e, who i~ a v~$¢rgla
<br />Dm the military service under honorable conditions, shall be removed frgm
<br />posmon or employment except for ine..ompetency or misconduct shown after a
<br />hearing, upon due notice, upon stated char~es, in writing.
<br /> Any veteran who has been notified of the intent to discharge the veteran from an
<br />appointed position or employment pursuant to this section shall be notified in writing
<br />of such intent to discharge and of the veteran's right to request a hearing within 60 days
<br />'of receipt of the notice of intent to discharge. The failure of a veteran to request a hear-
<br />ing within the provided 60-day period shall constitute a waiver of the right to a hearing.
<br />Such failure shali also waive all other available legal remedies for reinstatement.
<br /> Request for a hearing concerning such a discharge shall be made in writing and sub-
<br />mitted by mail or personal service to the employment office of the concerned employer
<br />or other appropriate office or person.
<br /> In all governmental subdivisions having an established civil service board or com-
<br />mission, or merit system authority, such hea~ng for removal or discharge shall be held
<br />before such civil service board or commission or merit system authority. Where no such
<br />civil service board or commission or merit system authority exists, such hearing shall
<br />be held by a board of three persons appointed as follows: one by the governmental sub-
<br />division, one by the veteran, and the third by the two so selected. In the event the two
<br />persons so selected do not appoint the third person within ten days after the appoint-
<br />ment of the last of the two, then the judge of the district court of the county wherein
<br />the proceeding is pending, or if there be more than one judge in said county then any
<br />judge in chambers, shall have jurisdiction to appoint, and upon application of either
<br />or both of the two so selected shall appoint, the third person to the board and the person
<br />so appointed by the judge with the two first selected shall constitute the board. The vet-
<br />eran may appeal from the decision of the board upon the charges to the district court
<br />by causing written notice of appeal, stating the grounds thereof, to be served upon the
<br />governmental subdivision or officer making the charges within 15 days after notice of
<br />the decision and by filing the original notice of appeal with proof of service thereof in
<br />the office of the court administrator of the district court within ten days after service
<br />thereof. Nothing in section 197.455 or this section shall be construed to apply to the
<br />position of private secretary, teacher, superintendent of schools, or one chief deputy
<br />of any elected official or head ora department, or to any person holding a strictly confi-
<br />dential relation to the appointing officer. The burden of establishing such relationship
<br />shall be upon the appointing officer in all proceedings and actions relating thereto.
<br /> Ail officers, boards, commissions, and employees shall conform to. comply with,
<br />and aid in all proper ways in carrying into effect the provisions of section 197.455 and
<br />this section notwithstanding any laws, charter provisions, ordinances or rules to the
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