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
cosentinoj@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However it was repealed on July 1, 2007 and from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
eligibility:
types of
• 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
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.
• 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 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 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
• Driver’s 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 (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
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
(Compensable)
OR
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 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 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,
doesn’t 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
(Compensable)
OR
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 cosentinoj@fdva.state.fl.us
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 Agency’s response
Investigative Finding Issued By FDVA
Agency’s Responds to Finding ….. How?
Possible Complainant’s 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 attorney’s 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 bachelor’s or master’s degree in social work from a college or university social work
program accredited by the Council on Social Work Education? Or a bachelor’s or master’s
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 children’s
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
2nd 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
3rd 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
5rd 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
6th 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.