STATE OF FLORIDA DEPARTMENT OF VETERANS AFFAIRS
Jim Ansboury,Bureau Chief Veterans Preference Employment/Promotion/Retention Division of Veterans Benefits and Assistance P.O. Box 31003 St. Petersburg, Florida 33713 Phone:727-319-7425 Fax:727-319-7780 ansbouryj@fdva.state.fl.us
INTRODUCTION TO VETERANS PREFERENCE:
Veterans Preference F.S. 295.07 and Administrative Rule 55A-7 Laws Relating To Veterans and Veterans Preference
It was the intent of the Legislature to provide preference and priority for veterans in the hiring practices of the state and its political subdivisions
PERPETUAL ENTITLEMENT For New Employment Retention Promotion & Reemployment
No expiration date. Prior to July 1, 2007, Veterans Preference was a single entitlement event, meaning a veteran s employment preference expired after a person eligible for appointment in employment preference applied and had been employed by the state or any agency of a political subdivision of the state. However it was repealed on July 1, 2007 and from that time forward Veterans Preference in employment does not expire. Persons who were determined ineligible for preference because they were previously or are currently employed with the state or political subdivision of this state may now be eligible to claim preference for covered positions.
Originally there were types of eligibility: SERVICE CONNECTED DISABILITY (COMPENSABLE) SPOUSE OF VET UNABLE TO WORK P & T Service Connected Disability WARTIME VETERAN UNREMARRIED SPOUSE OF VET WHO DIED OF SERVICE CONNECTED DISABILITY AWARD OF CAMPAIGN OR EXPEDITION MEDAL On July 1 2014, Florida Statute 295 was amended and several new groups of individuals were added to those who would be eligible for Veterans Preference.
Now there are types of eligibility Category #1: Service Connected Disability receiving Compensation, Disability Retirement, or Pension administered by VA or DOD. Category#2:Spouse of Vet unable to work / P & T Service Connected Disability or who is MIA or captured by hostile force. Category#3:Wartime Veteran who has served at least one day, or a Vet who has served in a qualifying Campaign or Expedition for which a Medal was authorized. Active Duty for Training does not count. Category#4:Unremarried Widow or Widower of Vet who died of Service Connected Disability. Category#5: The mother, father, legal guardian or unremarried spouse who died as a result of military service under combat related conditions. Category#6:A Veteran as defined in Section 1.01(14), Florida Statute. Active Duty for Training does not count Category#7: A current member of any reserve component of the US Armed Forces or the Florida National Guard
Who and How : PREFERENCE ELIGIBILITY REQUIREMENTS Veteran must have a DD214* Veteran must have an Honorable Discharge Veteran no longer must be a Florida Resident. This requirement was removed in July 2014 Veterans must have other applicable documents: proof of disability award, marriage certificate and proof of medals or campaigns
DD214 s Older vs Newer The newer DD214s have Member 1,2,3 and 4. It is important that they supply you the copies that indicate the Character of Service Historically DD214s have been single page documents containing all of the pertinent information on one page You need to be to identify dates/character of service and medals/campaigns.
Types of Character of Discharge FOR VETERANS PREFERENCE IN FLORIDA: NOTHING LESS THAN HONORABLE Honorable Discharge General Discharge/Under Honorable Conditions Undesirable Discharge/Under Other Than Honorable Conditions Bad Conduct Discharge/Special Court Martial Dishonorable Discharge/Bad Conduct Discharge/General Court Martial Uncharacterized
Periods of Service less than 90 days For periods less than 90 days DD214s are generally not issued The Statute states a DD214 or military discharge papers or equivalent certification from the DVA, listing the military status, dates of service and discharge type We are now accepting Military Orders in lieu of DD214s in those cases plus letters with character of service
Medals Many medals are awarded for noncombat operations. These medals are not a basis for preference such as The National Defense Service Medal between 8/2/90-11/30/95, The Armed Forces Medal and The Global War on Terrorism Service Medal from 9/11/01 but The Global War on Terrorism Expeditionary Medal is approved
War Time Eras: World War II 12/7/41-12/31/46 Korean 6/27/50-1/31/55 Vietnam Era 2/28/61-5/7/75 Persian Gulf 8/2/90-1/2/92 Operation Enduring Freedom 10/7/01-TBD Operation Iraq Freedom- 3/19/03-TBD Operation New Dawn- 9/1/10-TBD
Required supporting Documents (a) Veterans, disabled Veterans, spouses of disabled Veterans and family members shall furnish a DD-214 equivalent listing military status, dates of service and Character of Discharge (b) Disabled Veterans shall also furnish a document from the Department of Defense, the DVA, or the Department certifying that the Veteran has a service-connected disability and the rating
Continued (c) Spouses of disabled Veterans shall furnish DVA certification that the Veteran is totally and permanently disabled or an identification card; spouses shall also furnish evidence of marriage to the Veteran and a statement that the spouse is still married to the Veteran at the time of the application for employment; the spouse shall also submit proof that the disabled Veteran cannot qualify for employment because of the service-connected disability
Continued (d) Spouses of persons on active duty shall furnish a document from the Department of Defense or the DVA certifying that the person on active duty is listed as missing in action, captured in line of duty, or forcibly detained or interned in line of duty by a foreign government or power; such spouses shall also furnish evidence of marriage and a statement that the spouse is married to the person on active duty at the time of that application for employment
Continued (e) The mother, father, legal guardian, or unremarried widow or widower of a deceased Veteran shall furnish a document from the Department of Defense showing the death of service member while on duty status under combat-related conditions or the DVA certifying the service-connected death of the Veteran, and shall further furnish evidence of marriage. The legal guardian shall show the proper court documents establishing the legal authority for the Guardian
Continued (f) DMS requires that current reserve members and National Guard members provide a letter from their Commanding Officer stating the dates of their military service to establish that they are currently active This Fall the FDVA will release a Form that can be downloaded from their site which can be used by the National Guard and Reservist to substantiate their Active Duty status and Character of Service Additionally this form will affirm that a widow or widower of a service member hasn t remarried
PROCESS for the Applicant: Responds to Open Vacant Announcement Submits Application for employment Meets all Minimum Requirements Must Submit all required documents Most times are required to provide the DD214 or comparable approved document.
The Job Posting
Minimum Requirements How Low Can You Go?????
Let s Talk about those Preferred Qualifications on a Posting
Vacant Positions Must: Be open to all applicants (can t be internal) Not be temporary Not be for training Not be an internship Not be without benefits Not be Heads of Departments/positions which require licensure for a Doctor and a Lawyer
EMPLOYER Reviews all applications received Selects interested applicants Identifies veterans who have met minimum qualifications Conducts interviews with identified and chosen applicants Selects the best qualified individual ( in the event two individuals are equally qualified and one is a veteran; the veteran will be awarded the position
As long as they continue to qualify they are guaranteed Preference at every step. So what does that mean and how do you do that?
Ways of Selecting an Employee Subjective requires that the employer evaluate the candidates and select THE ONE that he or she believes is the best qualified for the position. This method requires a lot of documentation.why?
When you say No If at any step in the selection process, a determination is made that the veteran is not qualified to advance to a subsequent step in the selection process, a determination will receive a review at a higher level of management having authority to overturn the initial determination, to ensure whether the determination was correct
What if it is Vet vs Vet??? In all covered positions where an examination is not used to determine the qualifications for employment, preference in appointment, employment and retention shall be given first to veterans with compensable service connected disabilities (Category #1) and second to those persons included in all other Categories. BUT
And Then There is The
Numeric Scoring System A weighted scoring system can neutralize biases in interviews. The weighing is based on a number of factors including the job analysis and job description By weighing the important criteria and the ratings by the interviewer, a standard numeric score can be created to compare candidates. This interpersonal scoring system takes into account a number of biases that may happen during an interview and minimizes the impact of gut feelings because the results are boiled down to a single score
Criteria In a numeric scoring system once a veteran has satisfied the minimum requirements meaning usually that they have achieved the minimum scores; his or her scores shall be augmented by 5 pts or 5%,10 pts or 10%,15 pts or 15% depending upon their level of eligibility
Augmented Allowable Points PTS * Service Connected Disability/Compensable OR * Spouse of a Vet: unable to work P & T Connected Disability * Wartime Veteran/Vet who received an award of a Campaign or PTS Expeditionary medal OR * Unremarried spouse of veteran who Died of a service connected Disability, MIA or captured. * Mother, Father Legal Guardian or Spouse who died combat related conditions *A Veteran as defined in FS 1.01 (14) Pts * A current member of any Reserve component of the US Armed Forces or the Florida National Guard OR
30 % Disability or greater entitled to Absolute Preference Veteran with a 30% or greater disability in a numeric system will go to the top of the roster. Veteran MUST be equally qualified or better than qualified the other top candidate(s) There may be more than one person at the top of that roster
How should you Document? Create a form/matrix if possible to use for all applicants Have each member of the interview panel record their perceptions and answers to the interview questions Use terms that are consistent with the KSAs and the job posting Choose your comments wisely
Military Experience When evaluating work experience, it is important to be able to translate a veterans military experience into actual civilian experience. This is done, so as to properly give the applicant the correct amount of overall work experience. This is especially true if trying to insure that the minimums are being satisfied
Translation: My Next Move for Veterans is a simple and quick search engine that can provide HR staff the translation for those who have prior military experience. Once there you enter the branch of service and military occupation code or title. You will then be provided information as to how the military job compares to civilian employment and then be able to establish if the veteran can meet job requirements.
Military Experience It is now very important that we give the veterans credit for the work they performed in the military if the work that they did relates to the type of work they are applying for. If the applicant is applying for a teaching position and it is clear that the veteran performed instructional work in the military, that MUST be calculated in their prior work experience day for day and then applied to their seniority if applicable.
If No Interview is Given.. The DVA will require that the agency or political subdivision demonstrate how their policies were effectuated and specifically as to why an interview was not provided.
Making that decision Ultimately the employer must be prepared to demonstrate how special consideration was afforded at each step in the application/employment process.
Notice Requirements Employer must provide notice to nonselected applicant that they have the right to file a complaint with the DVA and how and where they do that. This information is typically provided on the application itself. The applicant has 60 days to file a complaint after receiving a letter of non-select. All this information must be provided to the veteran.
The Veterans Preference Statute will TRUMP Local Ordinances and Union Agreements or any Regulations that are in Conflict or are inferior to the State Statute
The Veteran waits to hear about job.then. Receives a letter of non-select, doesn t hear from them at all, calls and finds out job is filled.. What to do they next?
When Veterans Preference Will Not work: When the person hired was more qualified When the person hired was a veteran or one of the other preference eligible candidates. Depending upon their Category.
Early Intervention: Many times a veteran will call the DVA concerned that the political entity to which he or she has applied has not properly applied veterans preference. The DVA will then call and alert the HR department that the veteran has submitted an eligible application. This has diverted many problems.
Promotions Section 295.09 addresses the Promotion Preference for eligible veterans: Such person shall be awarded preference and shall be promoted ahead of all others who are as well qualified or less qualified for the position. Only when a non-veteran is more qualified can he be promoted before a veteran.
Promotion When an employee in a covered position leaves employment of the state or a political subdivision to serve in the Armed Forces and separates with an Honorable discharge the veteran shall be Reinstated or reemployed under the following conditions: 1: to the same or equivalent position and 2: within one year of discharge
Promotions This is not meant to substitute or replace a missed opportunity if the veteran did not have or did not use Veterans Preference at the time of hiring. The veterans may take the test as many times as necessary until he or she is able to be promoted. Veteran may not bank this opportunity
First Promotion Only Veteran shall be awarded preference in promotion and shall be promoted ahead of all other employees who are as well or less qualified for the position. Eligibility for preference in promotion shall apply only to a veterans first promotion after reinstatement or reemployment, without exception
Retention and Notice: Chapter 110.227, Florida Statutes, provides in pertinent part that any permanent career service employee subject to reduction in pay, transfer, layoff, or demotion from a class in which he or she has permanent status in the Career Service System shall be notified in writing by the employer before taking such action. Such actions shall be appealable to the Public Employees Relations Commission, pursuant to s. 447.208 and rules adopted by the Commission. The employer shall adopt rules for administration of the grievance procedures, eligibility, filing deadlines, forms, and review and evaluation governing the grievance process.
Preference in Retention In all covered positions where layoffs are necessitated, special consideration in the retention of employees shall be given first to those persons in our identified groups.
Notice Requirements Notice Requirements are especially important when it comes to Lay Offs. Once an employee has been notified that he or she will be subject to a lay off they must be told of their rights to file a complaint with the DVA. They must be provided with all of the necessary information in order seek out assistance from the DVA. The DVA has assisted many times in determining seniority status of employees based on time served in the military. Many times once notified by the veteran, The DVA is able to recalculate the veterans status with their employer.
Augmented Allowable Points * Service Connected Disability OR (Compensable) Pts * Spouse of a vet: unable to work/ P & T Service Connected Disability * Wartime Veteran/Vet who received Pts an award of a Campaign or Expeditionary medal OR * Unremarried spouse of veteran who Died of a service connected Disability, MIA or captured. * Mother, Father Legal Guardian or Spouse who died combat related conditions. *A Veteran as defined in FS 1.01 (14). Pts * A current member of any Reserve component of the US Armed Forces or the Florida National Guard. OR
Making that decision The employer must demonstrate how special consideration was afforded at each step in the retention process
Resolution Alternatives There are always alternatives: 1: DVA will contact HR director to discuss situation and possible solution 2: Discuss with the Veteran the situation to make a determination as to whether the veteran complied with all of the requirements 3. Be willing to reach out to other departments for solutions
When the Veteran Decides to File a Complaint
Veteran Prepares the Following Packet: A formal letter of complaint A copy of the DD214 or applicable documents Copies of any supporting eligibility documents i.e. Award letter for disability, marriage certificate A copy of the Job posting A copy of the Application submitted A copy of the Letter of non-select (if not available please provide this information in your complaint letter) Copies of Additional Correspondence including any email threads
Complaint is Received Upon receiving the formal complaint the DVA will review the complaint and, if necessary begin the investigation to determine if there has been a violation of Veterans Preference.
Options still remain: Until an Official and Final finding has been made by the DVA the parties may settle. Additionally the veteran may decide to drop his or her complaint with or without prejudice.
SCOPE OF ADMINISTRATIVE AND JUDICIAL REVIEW AUTHORITY FLORIDA DEPARTMENT OF VETERANS AFFAIRS PUBLIC EMPLOYEES RELATIONS COMMISSION DISTRICT COURT OF APPEAL
Penalties So, what can happen if Agency loses at PERC?? Pay their attorney s fees up to $10,0000 Hire them Pay back wages Pay back benefits Have been known to assess punitive If second offense, the offending party can be forced to be terminated Determine a monetary settlement They can get as creative as they want That why we try and do the same when mediating
Scenario Department of Agriculture Job Posting: Administrative Asst. in Tallahassee Office Minimum Qualifications BA, 3 years experience working in an office familiar with Microsoft word, excel and publisher, must be able to pass a background check.
Scenario continued Veteran applies for the job and wants to use veterans preference: 1.Has a BA and 2 years experience knows word and excel will he get the job? Why?
Scenario continued 2. Has a BA 3 years experience knows word, excel, publisher, convicted of a felony
Scenario continued 3. Has a BA 3 years of experience knows word, excel, publisher, did not provide his DD214
Scenario continued 4. Has a MA degree, 2 years of experience, knows Word, Excel and Publisher, currently works for the Dept. of Agriculture as a Acct Clerk in their Miami office