VETERANS' PREFERENCE
Veterans' preference is awarded as a
means of recognizing the sacrifices
eligible of armed forces personnel who
served under honorable conditions in
the United States military on active
duty. According to the department of
Veteran Affairs, “veterans'
preference” in Florida evolved at the
end of World War II with the passing
in 1949 of Florida State Statute
295.06 and 295.07 which gave
preference in Civil Service, merit
system and other competitive
examinations, and preference in
appointment reinstatement and
reemployment, respectively. Additional
sections of Chapter 295 defined
exactly who would receive preference
and how it was to be administered.
The City of Miami awards veterans
preference to Florida residents in the
initial hiring, promotion, and
retention of veterans for positions in
the classified service in accordance
with Florida Administrative Code
55A-7, Florida State Statute 1.01
(14), F.S.S 295.07, and Chapter
2003-42 Laws of Florida. Veterans'
Preference is not applicable for
certain exempt classifications (please
see section below titled: Exempt
Positions).
WHO IS ELIGIBLE FOR VETERANS'
PREFERENCE
The six
(6) categories of veterans' preference
pursuant to FSS 295.07 are:
1)
A veteran with a service-connected
disability who is eligible for or
receiving compensation, disability
retirement, or pension under public
laws administered by the U.S.
Department of Veterans Affairs and the
Department of Defense.
a) Note –
Disabled veterans claiming veterans'
preference in the State of Florida
need not have served during a wartime
era to be awarded veterans'
preference. However, the disabled
veteran must have been discharged
under honorable conditions.
2)
The spouse of a veteran who cannot
qualify for employment because of a
total and permanent service-connected
disability, or the spouse of a veteran
missing in action, captured, or
forcibly detained by a foreign power.
3) A veteran of any war who has
served on active duty for one day or
more during a wartime period,
excluding active duty for training,
and who was discharged under honorable
conditions from the Armed Forces of
the United States of America.
4) A veteran who served honorably in
Operation Enduring Freedom or
Operation Iraqi Freedom, but who has
not met the criteria for the award of
a campaign or expeditionary medal for
service. Persons who qualify for
preference within this category
qualify for preference in appointment,
effective July 1, 2007. The service
dates are defined as follows:
•
Operation Enduring Freedom October 7,
2001 to date to be determined.
•
Operation Iraqi Freedom March 19, 2003
to date to be determined.
5)
The un-remarried widow or widower of a
veteran who died of a
service-connected disability.
6) A veteran who has been awarded any
Armed Forces Expeditionary Medal, as
well as the Global War on Terrorism
Expeditionary Medal. To view a
complete list of campaign and badge
medals awarded by the United Stated
Armed Forces click here: Technical
Bulletin 2: Campaigns and Expeditions
of the Armed Forces Since WWII Which
Qualify for Veterans Preference
DOCUMENTATION REQUIRED TO BE AWARDED
VETERANS' PREFERENCE
Submit legible scans and/or copies of
one of the following official military
documents:
• Forms DD-214
(Member 4 long form preferred;
however, if short form is submitted,
it must be accompanied by official
documents from the United States
Department of Defense or Veteran
Affairs detailing military status,
dates of service, and discharge type)
• Certificate of Discharge or
Separation from Active Duty
•
Other official documents (to include
military discharge papers Or
equivalent certification from the VA
listing military status, dates of
service, and discharge type) issued by
the branch of service are required as
verification of eligibility for
veterans' preference.
Veterans
claiming preference for a
service-connected disability must
submit:
• All of the documents
listed above
• Official
documentation from the U.S. Department
of Veteran Affairs dated within one
year, reflecting a service-connected
disability and disability percentage
rating
Spouse of a veteran
with a total and permanent
service-connected disability must
submit:
• Official documentation
from the U.S. Department of Veteran
Affairs showing the member of the
armed forces was released or
discharged from active duty due to a
permanent service-connected
disability, with a disability rating
of 100 percent
• Documentation
verifying marriage to the member of
the armed forces (i.e., a marriage
license or other legal document
verifying marriage)
Spouse of a
veteran missing in action, captured,
or forcibly detained by a foreign
power must submit:
• Official
documentation from the U.S. Department
of Veteran Affairs reflecting that the
service member is missing in action,
captured, or forcibly detained by a
foreign power while on active duty
• Documentation verifying marriage to
the member of the armed forces (i.e.,
a marriage license or other legal
documentation verifying marriage)
A widow or widower of a service
member killed while on active duty
must submit:
• Official
documentation from the U.S. Department
of Veteran Affairs reflecting that the
service member was released or
discharged from active duty due to his
or her death while on active duty
• Documentation verifying marriage to
the member of the armed forces (i.e.,
a marriage license or other legal
documentation verifying marriage)
•
A notarized statement certifying that
he or she is the un-remarried widow or
widower of the service member
NOTE: (Please do not submit originals)
These documents must be submitted
by the closing date for the position
for which you are applying to be
awarded preference.
VETERANS' PREFERENCE AND APPLICANT
ELIGIBILITY
Please understand that
veterans' preference laws do not
guarantee placement of a veteran into
a position. All applicants must meet
the minimum requirements, provide the
necessary documentation, and complete
and successfully pass all phases of
the hiring process to be considered a
candidate for hire.
DOCUMENT SUBMISSION FOR VETERANS'
PREFERENCE DOCUMENTS
Documents for
veterans' preference can be:
•
Scanned or uploaded with your
application as an attachment when
using the City of Miami's online
application process
• Submitted
in-person by the applicant or a
representative designated by the
applicant
• Mailed (all required
documents must be postmarked on or
before the job posting's closing date
to be considered for preference
eligibility). Documents postmarked
after the closing date will not be
considered for preference eligibility.
Documents should be mailed to:
CITY OF MIAMI EMPLOYMENT OFFICE
444 SW 2ND AVENUE
MIAMI, FL 33130
ATTN: (NAME OF JOB POSTING)
RECRUITMENT
PREFERENCE
REQUIRED AT EACH STEP OF THE HIRING
PROCESS
An eligible veteran is
entitled to preference at each stage
of the hiring process; however, the
preference is not absolute.
THE CITY OF MIAMI AWARDS VETERAN
PREFERENCE POINTS ACCORDINGLY
Non-disabled Veterans – 5 points on a
scale of 100
Veterans' with a
service-connected disability of less
than 30% –10 points on a scale of 100
Veterans' with a service connected
disability of 30% or more – 10 points
on a scale of 100 (for positions in
the classified service candidates will
be placed at the top of the eligible
register)
All other factors
being equal, priority to veterans
would be given in the following order:
• Disabled Veteran with a
service-connected disability of 30% or
more
• Disabled Veteran with a
service-connected disability of less
than 30%
• Non-disabled Veteran
• Non-Veteran
PROMOTIONS
AND VETERANS' PREFERENCE ELIGIBILITY
FOR CITY OF MIAMI EMPLOYEES
City of
Miami employees who have a break in
service specifically to serve in the
armed forces on active duty and are
discharged under honorable conditions
will be eligible for Veterans'
Preference on their first promotion
when they return to the workforce
after their military leave, provided
that the veteran returns to the
position within 1 (one) year of
his/her separation from active duty.
Employees must still adhere to the
same eligibility and documentation
requirements to receive Veterans'
Preference as detailed in the sections
above.
Employees must submit
all Forms DD-214 for each tour of duty
or service requirement that has been
completed to date.
VETERANS' PREFERENCE FOR INDIVIDUALS
WITH A SERVICE CONNECTED DISABILITY
A person who was separated under
honorable conditions from active duty
in the Armed Forces performed at any
time and who has established the
present existence of a
service-connected disability or is
receiving compensation, disability
retirement benefits, or pension by
reason of public laws administered by
the U.S. Department of Veterans'
Affairs and the Department of Defense.
For positions for which an
examination is used to determine the
qualifications for entrance into
employment with the City of Miami, 10
points shall be added to the earned
ratings if the veteran has earned a
qualifying score on the examination
for the position. Additionally, all
persons qualified to receive a
10-point preference whose
service-connected disabilities have
been rated by the United States
Department of Veterans Affairs or its
predecessor or the Department of
Defense to be 30 percent or more shall
be placed at the top of the
appropriate register or employment
list, in accordance with their
respective augmented ratings.
EMPLOYMENT PREFERENCE WHEN A
NUMERICALLY BASED SELECTION PROCESS IS
USED
Employment preference, where
numerically based examinations are
used as a device for selections,
consists of adding 10 points to the
score of the first category of
applicants (disabled veterans and
spouses of disabled or veterans
Missing In Action) and five points to
the score of other preference-eligible
applicants.
The rules provide
that where the requisite points (10
points to individuals in the first
category, and five points to other
preference eligible applicants) have
been added to test scores, the names
of all the preference-eligible
applicants shall be placed on a
register or employment list, beginning
with those disabled veterans with
disability ratings of 30 percent or
more, and followed by all other
preference-eligible applicants in the
order of their augmented ratings.
Florida Administrative Code
55A-7.010(4), states that
“appointments to positions will be
made from the appropriate register or
employment list in the rank order of
their augmented ratings”.
For
positions in the classified service in
the City of Miami, utilizing a
numerically based selection process,
where a veteran, with all combined
scores from the selection process,
scores in the highest ranking band
with a City employee, City resident,
or non-preference eligible candidate
for said position, hiring preference
will be given to the veteran.
EMPLOYMENT PREFERENCE WHEN A
NUMERICALLY BASED SELECTION PROCESS IS
NOT USED
Preference in selection
must be given to protected individuals
provided such persons possess the
minimum qualifications necessary to
the discharge of the duties involved.
Florida Statute, Section 295.085(1),
defines “minimum qualifications” to
mean a “specification” of the kinds of
experience, training, education and/or
licensure or certification that
provides “appropriate job-related
evidence that an applicant possesses
the minimum required knowledge,
skills, and abilities necessary to the
discharge of the duties involved”.
Does Florida's veterans'
preference law require that a
preference-eligible veteran be
appointed, when a non-preference
eligible applicant is better
qualified?
No. (See AGO 88-24;
55A-7.011(2) Florida Administrative
Code)
OTHER PROVISIONS
REGARDING VETERANS' PREFERENCE
Veterans' preference in perpetuity: A
person eligible for veterans'
preference in appointment (defined by
s. 295.07, FS) does not forfeit
employment preference eligibility once
that veteran or eligible spouse of the
veteran has been employed by a state
agency or any political subdivision of
this state. Effective July 1, 2007,
Florida law restores veterans'
preference in employment for all
categories of protected individuals
previously employed by a state agency
or any political subdivision of this
state. That is, persons who were
previously ineligible to receive
preference because they held or are
currently employed by the State of
Florida or any of its political
subdivisions are now eligible to use
their veterans' preference in
employment again.
Preference
in layoffs: Where a layoff is
necessitated in a covered position,
preference must be given to the
covered employee in the retention
process.
Preference in
reinstatement or reemployment: When an
employee in a covered position leaves
employment for the purpose of serving
in the armed forces, he or she is
entitled to reinstatement or
reemployment upon release or discharge
from active military service.
Promotion preference: Promotion
preference applies only to a veterans'
first promotion after reinstatement or
reemployment, without exception.
EXEMPT POSITIONS
Chapter
295, Florida Statutes, provides for
preference in employment for certain
classes of covered positions. However,
there are limited exemptions (See
295.07(4)(b)).
REQUIRED
NOTICE BY EMPLOYERS
Applicants
claiming veterans' preference are
responsible for providing required
documentation at the time of making
application. Required documents will
not be accepted after the closing
date.
ENFORCEMENT
If an
applicant claiming veterans'
preference for a vacant position is
not selected, he/she may file a
complaint with the:
Florida
Department of Veterans' Affairs
Division of Benefits and Assistance -
Veterans' Preference
Post Office
Box 31003
St. Petersburg, FL 33731
A complaint must be filed
within 21 days of the applicant
receiving notice of the hiring
decision made by the employing agency
or within three months of the date the
application is filed with the employer
if no notice is given. The enforcement
mechanism established by the
regulations provide for an initial
investigation by the Florida
Department of Veterans Affairs,
followed by an evidentiary proceeding
before the Public Employees Relations
Commission if the matter cannot be
earlier resolved.
VETERANS'
PREFERENCE RESOURCES
For additional
information concerning veterans'
preference, please contact:
The
Florida Department of Veterans'
Affairs:
By phone at: (727)
319-7462, Facsimile (727) 319-7780
By email:
cosentinoj@fdva.state.fl.us
State of Florida
Department of Veteran Affairs
U.S. Department of Veteran Affairs
USERRA Advisor
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