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Veterans Preference (PER-14, Rev. 2)CITY O F D E LRA Y BEA C H A D M IN IS TRATIV E PO LI C IES AND PRO C EDU RES DEPARTMENT:Human Resources POLICY NUMBER:PER-14 SUBJECT:Veterans Preference SUPERSEDES:Rev.1 REVISION:2/EFFECTIVE DATE:7/1/202¥ APPROVED BY:17 --Terrence Moore,City Manager PURPOSE The purpose of this directive is to outline the process used for administering the Veterans' Preference program in accordance with the City's Code of Ordinances,Section 35.014,Chapter 295,Florida Statutes,and Chapter SSA-7 of the Florida Administrative Code,in connection with Veterans'Preference in Appointment and Retention in Employment.This procedure applies to all applicants and employees of the City of Delray Beach for positions designated as regular full-time with the exception of exempt positions which are filled by officers elected by popular vote or persons appointed to fill vacancies in such offices: A.Assistant City Managers B.City Attorney C.Department Heads D.Assistant City Attorneys E.Police/Legal Advisor F.City Commissioners G.Part-time employees without benefits The regulations on Veterans'preference directly affect the screening and selection process,which is the responsibility of the hiring department and Human Resources.The hiring department is required to consult with Human Resources prior to offering an applicant a conditional offer of employment. POLICY A.INITIAL APPOINTMENT 1.Recruitment 1.Job Postings:Job vacancy announcements that are entitled toconsideration under this procedure will include the phrase,"Veterans'Preference Applies." 2.Employment Application: i.Electronic applications will contain a supplemental instructions/procedures sheet regarding Veterans'Preference and a supplemental Veterans'Preference Claim form. (Attachments I and 2). ii.The City's employment applications require the applicant to indicate whether or not they are claiming Veterans'Preference.In those cases where the applicant answers 'yes,' Veterans Preference PER-14 Rev.2 Page 2 of 11 the applicant will be asked to complete the Veterans Preference Claim Form requiring him/her to identify which of the eligibility scenarios apply. 2.Applicants Eligible a.Disabled Veterans who have served on active duty in any branch of the Armed Forces and who: •Presently have an existing service-connected disability which is compensable under public laws;or •are receiving compensation,disability retirement benefits,or pension by reason of public laws. b.The spouse of a Veteran: •who has a total and permanent service-connected disability and who,because of this disability,cannot qualify for employment;or •Who is missing in action,captured in line of duty by a hostile force or forcibly detained or interned in line of duty by a foreign government or power. c.A Veteran who has served in the active military,naval,or air service and who was discharged or released therefrom under honorable conditions only or who later received an updated discharge under honorable conditions."Active Duty for Training"may not be allowable under this paragraph.To receive benefits as a wartime Veteran,a Veteran must have served at least one day during one of the following periods of wartime service: •World War II:December 7,1941,to December 31,1946; •Korean Conflict:June 27,1950,to January 31,1955; •Vietnam Era:February 28,1961,to May 7,1975, •Persian Gulf War:August 2,1990 to January 2,1992; •Operation Enduring Freedom:(10/7/2001 to TBD) •Operation Iraqi Freedom:(3/19/2003 to TBD) •Operation New Dawn:(9/1/10 to TBD) d.The un-remarried widow or widower of a veteran who died of a service-connected disability. e.The mother,father,legal guardian,or un-remarried widow or widower of a service member of the United States Armed Force who died in the line of duty under combat- related conditions as verified by the U.S.Department of Defense. f.A current member of any reserve component of the U.S.Armed Forces or the Florida National Guard. g.A Veteran of any war,who has served at least one day during that war time period as defined in subsection 1.01 [14]or who has been awarded a campaign or expeditionary medal. Veterans Preference PER-14 Rev.2 Page 3 of 11 3.Eligibility Verification The applicant must establish eligibility for consideration under the Veterans'Preference statutes prior to the closing date of the position as follows: a.Proof of Veterans Eligibility i.Veterans,disabled Veterans and spouses of disabled Veterans and family members must furnish a copy of the DD Form 214,or military discharge papers,or equivalent certification from the Department of Veterans Affairs (OVA)listing military status,dates of service,and Character of Discharge. ii.Disabled Veterans must also provide documentation from the Department of Defense (DOD)or OVA certifying that the veteran has a compensable service- connected disability. iii.Spouses of disabled Veterans must provide: •Documentation from the DOD or OVA certifying that the person on active duty is listed as missing in action,captured in the line of duty,or forcibly detained or interned in the line of duty by a foreign government power. •Evidence of marriage to the person on active duty. •A written statement that the spouse is still married to the person on active duty at the time of application for employment. iv.The mother,father,legal guardian,or un-remarried widow or widower of deceased Veteran must provide: •Documentation from the DOD or OVA certifying the service-connected death of the veteran. •Evidence of marriage to the deceased Veteran. •A written statement that the spouse is not remarried. Failure by the applicant to provide the required documentation will invalidate the claim for Veterans'Preference for the vacant position. 4.Selection Process The eligible applicant must first reach a passing score before Veterans' Preference points can be added.Therefore,if it has been determined that a passing score is 80, the applicant MUST first achieve an 80 on the exam before the Preference points can be added to the overall score. For positions requiring a numerically based selection process (where a numerical score is the sole factor used in selection),the score of applicants entitled to Veterans'Preference (who obtain a qualifying score on the examination)must be augmented as follows: a.where the highest possible examination score is 100,twenty (20)points must be added to the scores of applicants under 2.a.fifteen (15)points must be added to the scores of applicants under 2.b.,2.d.,2.e,and 2.g.Ten (10)points must be Veterans Preference PER-14 Rev.2 Page 4 of 11 added to scores of applicants under 2.c,and 2.f.above; b.where the highest possible examination score is other than 100,twenty (20) percent must be added to the scores of applicants under 2.a.;fifteen (15)percent must be added to the scores of applicants under 2.b.,2.d.,2.e.and 2.g.Ten (10) percent must be added to scores of applicants under 2.c,and 2.f.above. c.the names of persons eligible to receive preference whose service-connected disability has been rated by the Veterans Administration or the Department of Defense to be 30 percent or more must be placed at the top of the appropriate register or employment list in the order of their augmented rating.This does not apply to promotional tests. d.For positions not requiring a numerically based selection process,preference, not including positions that are exempt under s.295.07(5)MUST first be given to the disabled Veteran.Then the other categories will come second.This is provided that the individuals meet the minimum qualifications. e.The most qualified applicant should be selected for the position.If the most qualified applicants (including a preference eligible Veteran)are equally qualified, the Veterm1 must be given selection preference.If the non-veteran is the most qualified for a position,the non-veteran should beemployed. f.Documentation of the hiring decision is paramount.In those cases where the Veteran is not selected,the hiring depat1 ment must be able to demonstrate why the Veteran was not selected,should they be asked.All interview questions,notes and score sheets should be retained should the need arise to justify the action taken. g.The City of Delray Beach may waive a postsecondary educational requirement for a position of employment,other than those positions made exempt ,for a current member of any reserve component of the United States Armed Forces or the Florida National Guard or a veteran who has been honorable discharged if the person is otherwise qualified for the position. 8.REINSTATEMENT AND/OR PROMOTION 1.When an eligible employee leaves employment with the City of Delray Beach to serve in the Armed Forces,the City of Delray Beach will reinstate the employee to the same or equivalent position within one (1)year of separation or discharge provided the employee is separated under honorable conditions,and proof of such service is documented in the form of a new DD Form 214.This provision applies for both voluntary and involuntary service and for active military service only,service such as reserve drills or training does not apply. 2.Those employees reinstated under this provision will be awarded preference in promotion.Specifically,when a promotion opportunity exists,should the Veteran be as qualified as the most qualified contender,the Veteran MUST be offered the Veterans Preference PER-14 Rev.2 Page 5 of 11 promotion.This entitlement expires with the Veteran's first promotion. 3.A Veteran's Preference eligible applicant is 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. C.RETENTION 1.When layoffs or a reduction-in-force are necessary,special consideration 111 the retention of employees shall be given as follows: 1.First,to those applicants under 2.a.;and 2.Second,to applicants under 2.b.,2.d.,2.e.and 2.gabove. 2.In those cases where two (2)employees otherwise equally compare under the City's layoff procedure and one is a Veteran,the Veteran must be retained. 3.Records shall be maintained to document the manner of retention and the propriety of the retention decision process. D.ENFORCEMENT OF PREFERENCE 1.Human Resources is required to inform preference eligible applicants at the time of applicant selection of: a.the right to an investigation by the Division of Veterans'Benefits and Assistance if a non--preferred eligible applicant is appointed to a position. b.the time limits for requesting such investigation;and c.the address to which the request for an investigation should be sent. Veterans Preference PER-14 Rev.2 Page 6 of 11 CITY OF DELRAY BEACH 100 NW 1ST AVENUE DELRAY BEACH,FLORIDA 33444 VETERANS PREFERENCE INSTRUCTIONS AND PROCEDURES Applicants who are claiming Veterans Preference are required to submit the Veterans Preference Claim Form.The claim must include supporting doucmentation attached to each electronic application for each vacancy.A claim for Veteran Preference Status must be clearly indicated on each application submitted. The Claim Form and other required doucments must be submitted by the advertised closing date. All vacancy announcements are eligible for Veterans Preference unless noted in the vacancy advertisement. •Applicants must meet the minimum qualifications for the position •Certain servicemembers may be elegible to receive waivers for postsecondary educational requirements,other than those positions made exempt •Veterans Preference does not guarantee you the position but provides that you will be included in the selection process if you meet minimum qualifications for that position. To be granted Veterans Preference,the applicant must: •Complete the Veterans Preference Claim Form •Provide a copy of his/her DD Form 214 •Other documentation as listed below Candidates eligible for Veterans Preference include: 1.Disabled Veterans who have served on active duty in any branch of the United States Armed Forces,have received an honorable discharge,and have established the present existence of and who presently have an existing service-connected disability that is compensable under public laws administered by the Department of Veterans Affairs (OVA)or are receiving compensation,disability retirement benefits,or pension pursuant to public laws administered by the OVA and the Department of Defense. 2.The spouse of a Veteran: •Who has a total disability permanent in nature,and resulting from a permanent service-connected disability and who,because of this disability cannot qualify for employment;or •Who is missing in action,captured in the line of duty by a hostile force.Or detained or interned in the line of duty by a foreign government or power. 3.A Veteran of any war who has served at least one day during that war time period.Active duty for training may not be allowed for eligibility under this paragraph 4.or who has been awarded a campaign or expeditionary medal such as the Global War on Terrorism Expeditionary Medal. •World War II •Korean Conflict •Vietnam Era December 7,1941 to December 31,1946 June 27,1950 to January 31,1955 February 28,1961 to May 7,1975 Veterans Preference PER-14 Rev.2 Page 7 of 11 •Persian Gulf War •Operation Enduring Freedom •Operation Iraqi Freedom •Operation New Dawn August 2,1990 to January 2,1992 October 7,2001 to TBD March 19,2002 to TBD September 1,2010 to TBD 5.The un-remarried widow or widower of a Veteran who died of a service-connected disability. 6.The mother,father,legal guardian,or un-remarried widow or widower of a service member of the United States Armed Force who died in the line of duty under combat-related conditions as verified by the United States Department of Defense 7.A veteran who served in the active military,naval or air service and who was discharged under honorable conditions.Active duty for training may not be allowed under this paragraph. 8.A current member of any reserve component of the United States Armed Forces or the Florida National Guard PREFERENCE POINTS %ITEM EXPLANATION 20%1.Disabled Veteran 2.Spouse of Veteran who meets criteria above 15%3.Wartime Veteran and/or recipient of Expeditionary Medal 4.Un-remarried widow/er of veteran who died as a result of military service 5.combat Parent,legal guardian,or un-remarried widow/er of veteran who died as a result of military service under combat-related conditions 10%6.Veteran who served in the active military,naval,or air service. 7.Current member of any reserve component of the United States Armed Forces or The Florida National Guard.(Exception:those serving on current active duty of training are ineligible for preference). DOCUMENTATION ITEM REQUIRED DOCUMENTATION 1.•Veterans,disabled Veterans,spouses of disabled Veterans and family members must furnish a Department of Defense document,commonly known as form DD- 214 or military discharge papers,or equivalent certification from the Department of Veteran Affairs,listing military status,dates of service and Character of Discharge.Must have an Honorable Discharge. •Disable Veterans must also furnish a document from the Department of Defense, the OVA or the Department certifying that the Veteran has a service-connected disability 2.•DD-214 (see first bullet under #1) •Spouses of disabled Veterans must also furnish either a certification form from the Department of Defense or the VA that the Veteran is totally and permanently disabled,or an identification card issued by the Department.Spouses must also furnish evidence of marriaae to the Veteran and a statement that the spouse is still Veterans Preference PER-14 Rev.2 Page 8 of 11 married to the Veteran at the time of the application for employment;the spouse must also submit proof that the disabled Veteran cannot qualify for employment because of the service-connected disability. 3.DD-214 (see first bullet under #1) 4.FDVA form VP-3 "Certification of Un-remarried Widow or Widower"and DD-214 5.The mother,father,or legal guardian of the deceased Veteran must 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 Department of Veterans Affairs certifying the service-connected death of the Veteran and must furnish evidence of marriage.The legal guardian must show the proper court documents establishing the legal authority of the Guardian 6.DD-214 (see first bullet under #1) 7.FDVA form VP-2 "Certification of Current Member of Reserve of the United States Armed Forces or the Florida National Guard. Are applicants who are currently serving in active duty eligible for Veterans Preference? No,a Veteran is defined as a person who serviced in the active military,naval or air service and was discharged or released under honorable conditions (or who later received an upgraded discharge under honorable conditions).However,current members of the reserve are eligible. Need assistance? If you have any questions or require assistance in attaching your DD-214,please contact us at 561-243-7125.We thank you for serving our country and the sacrifices you and your family have made.The City of Delray Beach is committed to providing Veterans Preference to qualified candidates.If you qualify for a position and have not received any information on a hiring decision within 45 days of the closing date,you may request an investigation by contacting the Human Resources Director at 561-243-7042 or humanresources@mydelraybeach_com Applicants who meet the minimum job requirements and qualify for Veterans Preference and who believe they have not been afforded employment preference in accordance with applicable Florida law,may file a written complaint requesting an investigation to the Florida Department of Veterans'Affairs,Division of Benefits and Assistance,9500 Bay Pines Blvd,Room 214,St. Petersburg,Florida 33708.The complaint may be filed within 60 calendar days from the date the applicant receives notice that they were not selected. For more information please see 55A-7:VETERANS'PREFERENCE IN APPOINTMENT and 55A-7.016:Enforcement of Preference -Florida Administrative Code. Veterans Preference PER-14 Rev.2 Page 9 of 11 FDVA- VETERANS PREFERENCE CERTIFICATION Name:Date:_ Section 295.07(1 },Florida Statutes,provides for Veterans Preference in employment appointment and retention,if qualified under one of the following categories,and not exempt under Section 295.07(4),Florida Statutes.Section 295.09,Florida Statutes,also provides Veterans Preference for reinstatement,reemployment,and promotion.If you seek Veterans'Preference,please check the appropriate box,and provide this form and documentation of your status with your employment application,no later than the position advertisement closing date. I certify that I am qualified to claim Veterans'Preference under the category checked below: □(a)A disabled veteran: I.Who has served on active duty in any branch of the United States Armed Forces,has received an honorable discharge,and has established the present existence of a service-connected disability that is compensable under public laws administered by the United States Department of Veterans Affairs;or 2.Who is receiving compensation,disability retirement benefits,or pension pursuant to public laws administered by the United States Department of Veterans Affairs and the United States Department of Defense.□(b)The spouse of a person who has a total disability,permanent in nature,resulting from a service- connected disability and who,because of this disability,cannot qualify for employment,and the spouse of a person missing in action,captured in line of duty by a hostile force,or forcibly detained or interned in line of duty by a foreign government or power. □(c)A wartime veteran as defined ins.1.01(14),who has served at least 1 day during a wartime period.I acknowledge that active duty for training may not be allowed for eligibility under this paragraph. □(d)The un-remarried widow or widower of a veteran who died of a service-connected disability. □(e)The mother,father,legal guardian,or un-remarried widow or widower of a member of the United States Armed Forces who died in the line of duty under combat-related conditions,as verified by the United States Department of Defense. □(f)A veteran as defined in s.1.01(14),F.S.I acknowledge that active duty for training may not be Allowed for eligibility under this paragraph.□(g)A current member of any reserve component of the United States Armed Forces or the Florida National Guard.If so,please attach FDVA form VP2,signed by your immediate military supervisor, to document your status. Rule 55A4-7.013,Florida Administrative Code: Please submit this certification with your application and prior to the date that the position closes.Please contact Human Resources at 561-243-7125 or humanresources@mydelraybeach.com if you have any questions. This statement is true to the best of my knowledge and belief. Signature:_ Veterans'Preference Certification,FDVA form VP-1,incorporated in Rule 55A-7.013,FAC Veterans Preference PER-14 Rev.2 Page 10 of 11 FDVA" CERTIFICATION OF UNREMARRIED WIDOW OR WIDOWER Section 295.07(1 )(d},Florida Statutes,provides Veterans Preference in appointment and retention for an un- remarried widow or widower of a Veteran who died of a serviced connected disability and Section 295.07(1 )(e),Florida Statutes,provides Veterans Preference in appointment and retention for an un- remarried widow or widower of a member of the United States Armed Forces who died in the line of duty under combat-related conditions. In order to receive Veterans'Preference in employment appointment and retention,this form documenting the fact that I have not remarried,must be submitted with the application to Human Resources,along with Veterans Preference Certification,FDVA form VP-1,in order to complete the application packet. To be completed by Un-remarried Widow or Widower: I certify that I,,was married to _ a member of (branch)of the United States Armed Forces. I further certify that I have not remarried since the date of his/her death. Date:---------------------------------------Signature of Widow or Widower Printed name:----------------------------------- pp][)[[[}. Address:------------------------------------- _________________________Date:_ Signature of Witness lrr[of]ml]_ Telephone(s):---------------------------------- Address:------------------------------------- Certification of Un-remarried Widow or Widower,FDVA form VP-3,incorporated in Rule 55A-7.013,FAG Veterans Preference PER-14 Rev.2 Page 11 of 11 FDVA- CERTIFICATION OF CURRENT MEMBER OF RESERVE COMPONENT OF THE UNITED STATES ARMED FORCES OR THE FLORIDA NATIONAL GUARD To be completed by your IMMEDIATE MILITARY SUPERVISOR: l certify tha[ISa Current member of _________(branch)Reserve Component of the United States Armed Forces or The Florida National Guard (circle one)and is in "Honorable"standing as of this date. ______________________Date:_ Signature of Immediate Military Supervisor Supervisor's Printed Name,Rank and Telephone Number To be completed by APPLICANT: Section 295.07(1 )(g),Florida Statutes,provides for Veterans'Preference in appointment and retention for a Current member of any Reserve Component of the United States Armed Forces or The Florida National Guard,serving honorably. In order to receive Veterans'Preference in employment appointment and retention,this form documenting my current service must be submitted with the application to Human Resources,along with Veterans Preference Certification, FDVA form VP-1,in order to complete the application packet. l certify that l am a Current member of ,honorably serving, that I intend to continue my military service,and that the following information is accurate: Address:---------------------------------- [p[[)[[,}, ______________________Date:_ Signature of Current Member Certification of Current Member of Reserve Component of The United States Armed Forces or The Florida National Guard,FDVA form VP-2,effective date:June/2016,incorporated in rule 55A4-7.013,FAC