CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7587, 1990 WL 146894
...sume, determined that appellant was qualified for the position. Although finding that the individual hired for the position, Steven Vlahon, was more qualified than appellant, the hearing officer concluded that the County violated Sections
295.07 and
295.085, Florida Statutes, by not providing a preference to appellant at each step of the hiring process....
...erformed during the wartime era. However, active duty for training shall not be allowable. Appellant’s tour of duty with the Army in Vietnam lasted approximately four years, and his qualification under this section is undisputed. The provisions of Section 295.08 apply to positions for which competitive examinations are given....
...y if the candidate has a 30 percent or more disability rating. There are no provisions suggesting that veterans receiving a 5 or 10 point exam score augmentation be hired over more qualified non veterans. The appellant falls within the provisions of Section 295.085, dealing with positions where examinations are not utilized. Viewing subsection (1) of that statute in light of the above discussion, it is evident that in situations where no competitive exam is given, a preference for veterans is to be given, but not an absolute preference. Section 295.085(1) provides: (1) In all positions in which the appointment or employment of persons is not subject to a written examination, with the exception of those positions which are exempt pursuant to s....
...The Commission was correct in holding the hearing officer should have limited his conclusions of law to the facts available to the County at the time the decision was made not to interview the appellant. We also reject appellant’s contention that the County violated Section
295.085(2) by failing to give appellant “special consideration at each step of the employment selection process.” Section
295.085(2) provides: (2) The Department of Veterans’ Affairs shall be responsible for promulgating such rules or procedures as to ensure that those persons defined in s.
295.07 are given special consideration in the employing agency’s selection and retention processes. These procedures shall include the award of point values as articulated in s.
295.08 if applicable, or where such point values are not relevant, shall include procedures to ensure those persons defined in s....
...A potential employer is not required to pass a preferenced veteran through the screening process if he does not meet the minimum qualifications for the position. But even if the appellant’s application had demonstrated the minimum qualifications, Section 295.085(2) gives appellant no cause to complain of the review process utilized in the instant case....
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
certain others meeting statutory requirements. Section
295.08, F.S., provides for a "permanent" 10-point
