How Should Oregon's Governments Give Veterans First Dibs on Jobs?

Oregon cities and counties oppose Labor Commissioner Brad Avakian's ruling on veterans' preference law.

The long-running legal battle over the application of a law requiring preferential treatment for veterans in certain employment settings has taken an another turn—and it's increasing clear that local governments all over the state fear consequences from mismanagement in the Multnomah County Sheriff's Office.

The case stems from a 2012 promotional process in the Multnomah County Sheriff's Office. In that instance, Sgt. Rod Edwards sought promotion to lieutenant.

After another officer got the promotion, Edwards and his attorney, Sean Riddell, argued in front of the Oregon Bureau of Labor and Industries that the Sheriff's Office had failed to follow a state law that gives preference to veterans in hiring and promotions and extend additional preference to vets who are disabled.

Edwards served in the Navy for four years prior to joining the sheriff's office and suffered a disabling chest injury during that service.

In 2014, BOLI ruled in Edwards' favor and awarded him $50,000 for emotional distress. In its ruling the agency excoriated MSCO for sloppily interpreting the law in a way that was "confusing and inconsistent."

The Oregon Court of Appeals upheld BOLI's ruling earlier this year.

On June 1, Multnomah County appealed that ruling to the Oregon Supreme Court.

That might seem like a lot of effort to overturn a $50,000 judgement. But the county is not the only government entity concerned about the ramifications of BOLI's original decision.

On June 15, the Oregon League of Cities and the Association of Oregon Counties asked Supreme Court to hear Multnomah County's appeal and sought to file a friend of the court brief buttressing that case, saying all of the state's cities and counties have "a substantial interest in the outcome of this case because it is the first case to interpret a key provision of Oregon's Veterans' Preference law."

The supreme court has yet to tell the parties whether it will hear Multnomah County's appeal.

Charlie Burr, a spokesman for Labor Commissioner Brad Avakian, says BOLI is confident its original decision in the Edwards case will stand, noting the agency's rulings have rarely been over-turned.

In a statement, Avakian, who is running for secretary of state, defended his agency's original ruling.

"We're committed to protecting the civil rights of veterans so that they can have access to career advancement while continuing to serve communities around the state," Avakian said.

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