CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 9449, 1992 WL 212022
PER CURIAM. In this appeal and cross appeal involving the application of Florida’s “veteran’s preference” in hiring statute, Sections
295.07 and
295.085, Florida Statutes (1989), appellant West Coast Regional Water Supply Authority (West Coast) appeals the final order of the Public Employees Relations Commission (PERC) reversing the hearing *893 officer’s recommended order dismissing ap-pellee Harris’s veteran’s preference complaint....
...ed 180 consecutive days or more since January 31, 1955, and who discharged or separated therefrom with an honorable discharge from the Armed Forces of the United States of America if any part of such active duty was performed during the wartime era. Section 295.085, Florida Statutes (1989), provides in pertinent part: (1) In all positions in which the appointment or employment of persons is not subject to a written examination, ......
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....
...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....
...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. 1988).
Published | Florida Attorney General Reports
...is the "most qualified" applicant for the position. If a nonveteran is hired, however, the employing agency must document and justify the decision, subject to review by the Division of Veterans' Affairs and the Public Employees Relations Commission. Section 295.085 (1), F.S., provides as follows: In all positions in which the appointment or employment of persons is not subject to a written examination, with the exception of those positions included under s....
...ons. 2 It was concluded that the absence of legislation or administrative rules outlining a procedure for the award of veterans' preference in noncompetitive positions did not relieve employing agencies from giving preference to veterans. 3 In 1987, s. 295.085 , F.S., was amended to apply to all positions, with specified exceptions, in the career service system not subject to a written examination. 4 Thus, the Legislature clearly mandates that preference be given to veterans for employment in all career service positions even though an examination is not required. 5 Language was also added to s. 295.085 , F.S., to make the department responsible for "promulgating such rules or procedures as to ensure that those persons defined in s....
...s . . . [and] special consideration at each step of the employment selection process. . . ." 6 The department subsequently promulgated administrative rules for applying veterans' preference. 7 Particularly, Rule 22VP-1.011, F.A.C., provides, as does s. 295.085 (1), F.S., that preference in appointment and employment be given "first" to those persons enumerated therein, 8 provided they possess the minimum qualifications necessary to the discharge of the duties involved....
...s performed during the wartime era. However, active duty for training shall not be allowable. (4) The unremarried widow or widower of a veteran who died of a service-connected disability. 2 Attorney General Opinion 81-63 noted that the provisions of s. 295.085 , F.S....
...rvice under s.
110.205 (2), F.S., and comparable positions in the political subdivisions of the state; and AGO 81-63, concluding that noncompetitive positions within the career service system are clearly within the purview of s.
295.07 , F.S. 6 See, s.
295.085 (2), F.S....
