The proposed amendments will refine and clarify certain concepts in order to provide more consistency among public employers during various processes involving recruiting, selecting, and promoting preference-eligible persons.

 

DEPARTMENT OF VETERANS' AFFAIRS

Division of Veterans' Benefits and Assistance

RULE NOS.:RULE TITLES:

55A-7.010Employment Preference When Using a Numerically Based Selection Process

55A-7.0111Reinstatement or Reemployment; Promotion Preference

55A-7.013Documentation of Preference Claim

PURPOSE AND EFFECT: The proposed amendments will refine and clarify certain concepts in order to provide more consistency among public employers during various processes involving recruiting, selecting, and promoting preference-eligible persons.

SUBJECT AREA TO BE ADDRESSED: VETERANS’ PREFERENCE IN APPOINTMENT AND RETENTION.

RULEMAKING AUTHORITY: 295.07(2), FS.

LAW IMPLEMENTED: 295.065, 295.07, 295.08, 296.085, 295.09, 295.11, FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 16, 2019, 10:00 a.m.

PLACE: Public Access: Medal of Honor Conference Room 342, 11351 Ulmerton Road, Largo, Florida 33778, or Teleconference: 1(888)670-3525, and entering participant passcode: 1120306298, then #; access point for persons interested in attending the meeting at the Mary Grizzle Building, Room 342, 11351 Ulmerton Road, Largo, Florida 33778

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Lillian Dupree, FRP, Operations Analyst II, at [phone] ext. 7713, fax [phone] or [e-mail] If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Linda Williams, Florida Department of Veterans’ Affairs, 11351 Ulmerton Road, Room 311-K, Largo, Florida 33778, [e-mail]/ or [phone], ext. 5611

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

55A-7.010 Employment Preference When Using a Numerically Based Selection Process.

(1) No change.

(2) 15 augmentation points shall be added for:

(a) through (b) No change.

(c) Except for classes of positions with Federal Government designations of professional or technician, all persons eligible for a 15-point preference whose service-connected disabilities have been rated at 30% or more, and meet minimum qualifications established for the position, shall be granted an interview shall be placed at the top of the appropriate register or employment list in accordance with his or her respective augmentation points.

(3) through (4) No change.

(5) Augmentation points are to be added to a qualified candidate’s examination score of 100 as follows: 15 points for paragraph (2)(a) or (b), in this rule; 10 points for paragraph (3)(a), (b), or (c), in this rule; 5 points for paragraph (4)(a) or (b), in this rule. However, where the highest possible examination score is more or less than 100, an alternative procedure makes it permissible to apply percentages to calculate additions to points instead, as follows: 15 percent for persons described in paragraph (2)(a) or (b), of this rule; 10 percent for persons described in paragraph (3)(a), (b), or (c), of this rule; and 5 percent for persons described in paragraph (4)(a) or (b), of this rule. If the total possible score is exactly 100, augment directly with 5, 10, or 15 points; if the total possible points are less than or more than 100 points, use percentages to calculate points for addition to examination score. For example, if an applicant scores 50 points, and is a person described in paragraph (3)(a), (b), or (c), of this rule, then calculate 10% for additional points, resulting in a final score of 55.

(6) No change.

(7) If a position is advertised as a “veteran-only position,” points shall be applied based upon “Augmented Rating” as defined in Subsection 55A-7.003(3), F.A.C., and interviews will be based on the applicant’s total numerical score regardless of augmentation category.

Rulemaking Authority 295.07(2) FS. Law Implemented 295.08 FS. History–New 3-30-88, Formerly 22VP-1.010, Amended 2-12-90, 7-12-93, 12-27-98, 6-11-08, 6-27-16,______.

55A-7.0111 Reinstatement or Reemployment; Promotion Preference.

(1) No change.

(2) Persons reinstated or reemployed under this rule shall be awarded preference in promotion, and shall be promoted ahead of all other employees who are equally as well or less qualified for the position, if their service was full-time/active duty status for at least 90 consecutive days, or less, if discharged early while serving in a combat zone or due to medical reasons. When a numerically-based selection process is used, such persons shall be eligible for preference points and ranking on the register as provided by Rule 55A-7.010, F.A.C., of this chapter. When a numerically-based selection process is not used, Rule 55A-7.011, F.A.C., applies. Eligibility for preference in promotion shall apply only to a veteran’s first promotion after reinstatement or reemployment, without exception.

(3) through (4) No change.

Rulemaking Authority 295.07(2) FS. Law Implemented 295.08, 296.085, 295.09 FS. History–New 3-30-88, Formerly 22VP-1.0111, Amended 6-11-08, 6-27-16,_____.

55A-7.013 Documentation of Preference Claim.

(1) through (6) No change.

(7) Documentation for all applicants may shall include: a Veterans’ Preference Certification, FDVA form VP-1, incorporated by reference and found at http://www.flrules.org/Gateway/reference.asp?No=Ref-06983, a simple letter, form, or other written application containing essentially the same information, and the following:

(a) through (d) No change.

(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 the service member while on duty status under combat-related conditions or the DVA certifying the service-connected death of the veteran. The mother, father, or legal guardian shall provide evidence of familial relationship, such as a birth certificate. The unremarried widow or widower of a deceased veteran shall furnish a document from the Department of Defense or the DVA certifying the service-connected death of the veteran, and shall provide evidence of marriage, such as a marriage certificate, and certification that the spouse has not remarried. This evidence may be proved by providing a completed Certification of Unremarried Widow or Widower, FDVA form VP-3, incorporated by reference and found at http://www.flrules.org/Gateway/reference.asp?No=Ref-06985 or document or form that similarly provides evidence regarding such the status. This document is intended to facilitate granting rather than denying a benefit.

(f) The current member of any reserve component of the United States Armed Forces shall provide a signed memorandum stating he or she is serving Honorably from his or her  Commander or military human resource personnel, or a completed Certification of Current Member of Reserve Component of the United States Armed Forces or The Florida National Guard, FDVA form VP-2, incorporated by reference and found at http://www.flrules.org/Gateway/reference.asp?No=Ref-06984, signed by an immediate military supervisor, in addition to the FDVA form VP-1.  The current service member of any active component of the United States Armed Forces who is expected to be discharged or released from active duty service under honorable conditions no later than 120 days after the date that a Statement of Service certification or letter is prepared by the armed forces, shall be treated as a preference-eligible applicant. These documents may be provided in lieu of a DD-214 or other documentation which may not be available until active service has ended.

(g) The employer has an affirmative duty to notify the applicant if a timely submitted veterans’ preference claim is later found to be missing information; the employer shall advise the applicant of what is missing and provide a reasonable amount of time for the applicant to cure the deficiency. Specifically, the employer shall advise the applicant using e-mail, written correspondence or another method, which may be later provided as evidence to the Department and the Public Employees Relations Commission, of what veterans’ preference documentation is missing, and thereafter request that the applicant for the veterans’ preference benefit cure any deficiency by submitting the missing documentation within five (5) business days following the date the request is received by the person seeking the veterans’ preference benefit. An employer must document at least one attempt to contact the applicant.

Rulemaking Authority 295.07(2) FS. Law Implemented 295.065, 295.07, 295.11 FS. History–New 3-30-88, Formerly 22VP-1.013, Amended 2-12-90, 7-12-93, 12-27-98, 6-11-08, 6-27-16,_____.