state of florida department of veterans’ affairs

STATE OF FLORIDA DEPARTMENT OF VETERANS AFFAIRS

Jacquelyn Cosentino M.P.H.,J.D. Veterans Preference Employment/Promotion/Retention Division of Veterans Benefits and Assistance P.O. Box 31003 St. Petersburg, Florida 33713 Phone:727-319-7462 Fax:727-319-7780 [email protected]

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 veterans 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 However it was repealed on July 1, 2007 and from that time forward Veterans Preference in employment does not expire.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 changed 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 as well. Veterans must have any other applicable documents: proof of disability award, marriage certificate and proof of medals or campaigns

DD214s 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. The main thing is that you are able 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 of 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 non- combat 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 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

Other Possible Documents .. Proof of Disability and the amount of the award of the disability. P&T award letter Marriage Certificate Death Certificate Drivers License Military Orders Other acceptable documents from the Department of Defense or the DVA

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

Vacant Positions Must: Be open to all applicants (cant 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

Minimum Requirements How Low Can You Go ?????

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 vet will be awarded the position.

Once Recruitment Begins In White vs. Department of Health and Rehabilitative Services (1989) PERC held that once an agency begins recruitment by announcing a position of vacancy in soliciting applicants from outside of the career service system the position is (vacant) for the purpose of Chapter 295 and Veterans Preference considerations are applicable.

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? OR.

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

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 may be augmented by 5 pts or 5%,10 pts or 10%,15 pts or 15% depending upon their level of eligibility.

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

30 % or greater Disability Veteran with a 30% or greater disability in a numeric system will go to the top of the roster. Veteran MUST be equally or better than qualified. There may be more than one person at the top of that roster. Unless they are in a Federal Government designated job for Professionals or Technicians

Interviewing Pre-screening Questionnaire prior to interview (usually done at the application stage) Telephone Screening Interviews as a prescreening (Usually done if large pool of applicants) Oral Interviews (Standard practice when using a subjective means) Second Interviews (Usually done when the decision is very close between applicants.

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

Teachers Teachers are entitled to Veterans Preference. Teachers typically work on a year to year contract with no guarantees for renewal, therefore when an eligible applicant is informed that they are not being renewed for the following year the applicant lacks the ability to file a VP complaint. The only recourse is to begin filing applications for other teaching positions. If they suspect that they are not being selected

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.

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.

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 non- selected 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 21 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

Veteran waits to hear about job. Receives a letter of non-select, doesnt hear from them at all, calls and finds out job is filled..! JOB must be filled to File a complaint.

Does a veteran always have to file a complaint?

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

Multiple Deployments A VP eligible applicant will be entitled to multiple promotions if they have had multiple deployments under Title 10 and returned Honorably. In these situations each deployment warrants a promotional opportunity.

Rule of 5 In the Rule of 5 it is presumed that all promotional candidates are equal because their scores go away and. Therefore the preference eligible veteran MUST be the one selected before all others.

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 No, 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

Information is mailed to the following: Florida Department of Veterans Affairs Division of Benefits and Assistance Attn: Veterans Preference PO. Box 31003 St. Petersburg, Florida 33731 Or Faxed to 727- 319 7780 Inquiries may be made by calling : Jacquelyn Cosentino 727-319-7462 or emailing me at [email protected]

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.

Steps: Complaint is filed with Hiring Agency Agency has 30 days to respond FDVA reviews Agencys response Investigative Finding Issued By FDVA Agencys Responds to Finding .. How? Possible Complainants Appeal statement PERC Hearing (Refer to next slide) Recommended Order Final Order Worse Case Scenario

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 you lose at PERC. 1) Pay their attorneys fees up to $10,0000 Hire them Pay back wages Pay back benefits Have been know to assess punitive If a 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 I try and do the same when mediating.

What Else Does the DVA Do ???

The Different Ways DVA Can Help: Assist in interpreting DD214s Assist in interpreting Orders so as to distinguish between Active Duty and Training Assist in determining Eligibility Assist in mediating Veterans Preference conflicts

Training to HR Managers We work with HR managers and help them to learn how to apply the Veterans Preference Laws so that our Vets are getting the preferences that they are entitled to. Available for continuing educational training to ensure that the laws are adhered to.

Scenario Department of Children and Family Job Posting: Government Operations Consultant in the Tallahassee Office

Minimum Qualifications A bachelors or masters degree in social work from a college or university social work program accredited by the Council on Social Work Education? Or a bachelors or masters degree in psychology, sociology, counseling, special education, education, human development, child development, family development, marriage and family therapy, or nursing? Relevant work and volunteer experience in a public service field related to childrens services, demonstrating critical thinking skills, formal assessment processes, communication skills, problem solving, and empathy; a commitment to helping children and families; Able to work with children, from infants to teenagers, who have been badly mistreated, who are bruised, have broken bones, or severe burns? Able to go into unfamiliar and unsafe neighborhoods, at times alone and/or at night, to assess the immediate safety needs of a vulnerable child? Available to work additional hours, little or no prior notice, to provide needed services? Available to work additional hours or be "on call" including weekends to respond to calls for service at "any hour," "night or day"? Have, and/or are you willing to secure, a valid Florida driver's license? Own, or have access to, a licensed, operational, insured automobile that would be available for doing fieldwork daily and during on call periods? Willing and able to transport children in your personal vehicle? Obtain and maintain Child Welfare Professional & Florida Child Protective Investigator certification within 12 months of hire.

1st Applicant BA in Elementary Education Relocating from New York Volunteered while in the military at a homeless shelter Was a Corpsman in the military Certified Paramedic 50% Disability with the VA

2 nd Applicant AS in Biology BA in Psychology MS in Child & Adolescent Behavioral Health Behavioral Health Tech in the Army for 6 years 3 DUIs in the last 3 years/2 involving property damage Volunteered at Abuse Shelter while in College Runs a group counseling for teenage alcoholics War time era veteran and 60% disability

3 rd Applicant BA in Sociology 10% Disabled Veteran Currently working at Walmart Youth Music Director at Hill Crest Baptist Church Father is a Florida Child Protective Investigator in Miami

4th Applicant BA in Nursing Currently works on Pediatric Unit at Tallahassee General Hospital Uncharacterized character of service Worked with Leon County School System with Special Needs children

5 rd Applicant AA in Music BA in Counseling Drill Sergeant in the Army Provided Member 1 of her DD214 Previous employment DCF in North Carolina as a Child Protective Investigator for 4 years Volunteered as an AA counselor while in college Working on her MA in Marriage and Family. Is only 2 classes away from completion Served from 1994-1999

6 th Applicant BA in Social Work MA in Social Work Currently works for DCF as an Investigator in their Medicaid Fraud Control Unit in Miami Was a Criminal Investigations Special Agent in the Army Served 1999-2005

THROUGH THE STORM

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 2. Has a BA 3 years experience knows word, excel, publisher, convicted of a felony

Scenario continued Veteran applies for the job: 1.Has a BA and 2 years experience know word and excel will he get the job? Why?

Scenario continued 3. Has a BA 3 years of experience knows word, excel, publisher, did not provided 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.

state of florida department of veterans’ affairs

Documents

veterans preference

veterans employment

florida national guard

disability retirement

proof of disability

disability award of

florida statute

types of eligibility