| Subject: Re: disabled vets - pass this on to another |
Author:
Anonymous
|
[
Next Thread |
Previous Thread |
Next Message |
Previous Message
]
Date Posted: 20:33:45 08/07/03 Thu
In reply to:
's message, "disabled vets - pass this on to another" on 04:31:57 04/29/03 Tue
Since I wrote the above open letter I have been contacted by members of Rep. Darlene Hooley's office. The individual I had contacted did not reflect the attitude of the Rep. Hooley (Hooley has since been appointed to the House Veteran's Committee) and the Veteran's representitve Mr. Ward. The problem lies not with Congress but in the bowels of the OPM and MSPB. Further, I would like to illustrate this by quoting VA Pam 80-03-01 Fed Benefits for Vets and Dependents
"The Federal Government has a long and outstanding record of employing veterans. "
BY 2000 DOL stats 26% of the fed workforce is a veteran BUT over half of those vets are Vietnam Era Vets (VEV), reporting to active duty prior to March 1975 - and are eligible for retirement in less than 15 years1 - the bulk of those reported earlier than1975 (30% reduction in total military from 1970 to 1975 2 and 3)
"Veterans hold a far higher percentage of jobs in the Government than they do in private industry. In large part, this is due to laws providing Veterans' preference and special appointing authorities for veterans, as well as the fact that agencies recognize that hiring veterans is just good business."
57% of the federal workforce comes from the Department of Defence, Department of Justice orVeterans Affairs, yet these combined offices employ 91% of all greater than 30% disabled vets! see notes 1, 3 and 4
"The purpose of VetsInfo Guide is to explain briefly how the Federal employment system works and how Veterans' preference and the special appointing authorities operate within that system. The handbook was designed to help veterans understand the entitlements they have earned.
The Office of Personnel Management (OPM) administers entitlement to veterans' preference in employment under title 5, United States Code, and oversees other statutory employment requirements in titles 5 and 38. (Title 38 , United States Code, also governs Veterans' entitlement to benefits administered by the Department of Veterans Affairs (VA).) Both title 5 and title 38 use many of the same terms, but in different ways. For example, service during a "war" is used to determine entitlement to Veterans' preference and service credit under title 5. OPM has always interpreted this to mean a war declared by Congress. But title 38 defines "period of war" to include many non-declared wars, including Korea, Vietnam, and the Persian Gulf. Such conflicts entitle a veteran to VA benefits under title 38, but not necessarily to preference or service credit under title 5. "
By definition only WWII veterans served in a war declared by Congress! How many are still in the federal workforce?!
"A Word About Veterans' Preference
Since the time of the Civil War, veterans of the Armed Forces have been given some degree of preference in appointments to Federal jobs. Recognizing their sacrifice, Congress enacted laws to prevent veterans seeking Federal employment from being penalized for their time in military service. Veterans' preference recognizes the economic loss suffered by citizens who have served their country in uniform, restores veterans to a favorable competitive position for Government employment, and acknowledges the larger obligation owed to disabled veterans. Veterans' preference is not so much a reward for being in uniform as it is a way to help make up for the economic loss suffered by those who answered the nation's call to arms. Preference applies in hiring for virtually all jobs, whether in the competitive or excepted service. "
agencies do not apply Veterans' preference when considering individuals under Merit Promotion procedures or under the VEOA (see below)
"The Veterans Employment Opportunities Act of 1998, as Amended This law gives veterans access to Federal job opportunities that might otherwise be closed to them. The law requires that: * Agencies allow eligible veterans to compete for vacancies advertised under the agency's merit promotion procedures when the agency is seeking applications from individuals outside its own workforce."
This is not an advantage unless vets were not allowed to compete!
"How Federal Jobs Are Filled
There are essentially two classes of jobs with the Federal Government: 1) those that are in the competitive civil service, and 2) those that are in the excepted service. These laws, however, provide individual managers sufficient flexibility to appoint the person they believe is the best qualified for the job. When filling a competitive service job from outside the civil service, agencies may:
* appoint a well-qualified candidate from a competitive list of eligibles developed by OPM or by an agency with delegated examining authority; or
* appoint someone who is eligible under one of a number of special appointing authorities (e.g., the VRA or Schedule B authorities discussed later on, and others authorized by either law or executive order)."
Only 1.06% of all the federal workforce is a VRA appointee.
"Alternatively, in filling jobs from among "status" candidates, agencies may:
* appoint someone from an agency-developed merit promotion list (When these jobs are open to candidates outside the agency, the agency must allow eligibles under the Veterans Employment Opportunities Act of 1998, as amended to apply); or
An agency request for a list of eligible candidates or a job posting represents only a search for qualified candidates; there is no obligation on the part of the agency to make a selection. "
“However, we also found that, at the time of our review, agency managers had returned a greater percentage of certificates without making a selection when a veteran appeared at the top (71 percent)” see note 3
"A Merit Promotion selection under the VEOA is one in which the veteran competes with current federal employees under an agency's merit (or internal) promotion procedures. The VEOA allows eligible veterans to apply under an agency merit promotion announcement open to candidates outside the agency. However, agencies do not apply Veterans' preference when considering individuals under Merit Promotion procedures or under the VEOA. Use of this special authority, as with other authorities, is discretionary with the agency. A VEOA eligible who competes under merit promotion procedures and is selected will be given a career or career conditional appointment. "
ANYONE selected “will be given a career conditional position...”
"How Preference Applies In Competitive Examining
Veterans who are eligible for preference and who meet the minimum qualification requirements of the position, have 5 or 10 points added to their passing score on a civil service examination. For scientific and professional positions in grade GS-9 or higher, names of all eligibles are listed in order of ratings, augmented by Veterans' preference points, if any. For all other positions, the names of 10-point preference eligibles who have a service-connected disability of 10 percent or more are placed ahead of the names of all other eligibles. Other eligibles are then listed in order of their earned ratings, augmented by Veterans' preference points. A preference eligible is listed ahead of a nonpreference eligible with the same score. The agency must select from the top 3 candidates (known as the Rule of 3) and may not pass over a preference eligible in favor of a lower ranking non-preference eligible without sound reasons that relate directly to the veteran's fitness for employment. The agency may, however, select a lower-ranking preference eligible over a compensably disabled veteran within the Rule of 3.
A preference eligible who is passed over on a list of eligibles is entitled, upon request, to a copy of the agency's reasons for the passover and the examining office's response.
If the preference eligible is a 30 percent or more disabled veteran, the agency must notify the veteran and OPM of the proposed pass over. The veteran has 15 days from the date of notification to respond to OPM. OPM then decides whether to approve the pass over based on all the facts available and notifies the agency and the veteran.
Entitlement to Veterans' preference does not guarantee a job. There are many ways an agency can fill a vacancy other than by appointment from a list of eligibles.
Positions Restricted To Preference Eligibles Examinations for custodian, guard, elevator operator and messenger are open only to preference eligibles as long as such applicants are available. "
Thank God for that!
"Affirmative Action For Certain Veterans Under Title 38
Section 4214 of title 38, United States Code, calls upon agencies to establish a separate affirmative action program for disabled veterans as part of agency efforts to hire, place, and advance persons with disabilities under the Rehabilitation Act of 1973. Agencies are also urged to 'promote the maximum of employment and job advancement opportunities' for those veterans eligible for noncompetitive appointment under the above special authorities.
This section requires agencies to:
* provide placement consideration under special noncompetitive hiring authorities for VRA and 30 percent or more disabled veterans;
* ensure that all veterans are considered for employment and advancement under merit system rules; and
* establish an affirmative action plan for the hiring, placement, and advancement of disabled veterans."
Is this consistant with the high number of homeless disabled vets???
"According to an official from OPM's Employment Service, the lack of complaints from veterans at these meetings indicates to OPM that agencies are properly following veterans' preference hiring procedures. OPM maintains that very few violations are found because hiring officials are good at seeing that veterans get the points and other preference to which they are entitled. see note 3
While speaking to VETS, DVOP and fellow veterans I find frustration in regards to the OPM’s numerous “alternative methods for hiring” and HR departments “manipulating” the rules to hire pre-selected individuals.
"Veterans Complaints
Veterans who believe that they have not been properly accorded their rights have several different avenues of complaint, depending upon the nature of the complaint and the individual's veteran status:
* The Veterans Employment Opportunities Act of 1998 allows preference eligibles to complain to the Department of Labor's VeteransEmployment and Training Service (VETS) when the person believes an agency has violated his or her rights under any statute or regulation relating to Veterans' preference.
* Under a separate Memorandum of Understanding (MOU) between OPM and the Department of Labor, eligible veterans seeking employment who believe that an agency has not properly accorded them their Veterans' preference, failed to list jobs with State employment service offices as required by law, or failed to provide special placement consideration noted above, may file a complaint with the local Department of Labor VETS representative (located at State employment service offices). .
* Finally, since OPM is committed to ensuring that agencies carry out their responsibilities to veterans, any veteran with a legitimate complaint may also contact any OPM Service Center.
Because there is considerable overlap in where and on what basis a complaint may be filed, a veteran should carefully consider his or her options before filing. Generally speaking, complaints on the same issue may not be filed with more than one party. "
1 TABLE 8 FEDERAL CIVILIAN EMPLOYMENT DISTRIBUTION BY VETERAN STATUS EXECUTIVE BRANCH AGENCIES, WORLDWIDE, SEPT 30, 2000
Breakdown of table data
1,755,689 total federal workers
445,282 All veterans 26.1% of total federal workers
239,943 - Vietnam Era Veteran VEV- Retirement eligible now until - last Vets in 15 years
54% of all vets - VEV (prior May 1975)
13.66% of total federal workers
77,817 All disabled vets 4.43% of total federal workers
31,272 +30% disabled 1.78% of total federal workers
18,687 VRA 1.06% of total federal workers
DEPARTMENT of Defense accounts for 53% of all VRA 9,994 total
accounts for 56% of all +30% 17,527 “
DEPARTMENT of VA accounts for 25% of all VRA 4,708 “
accounts for 23% of all +30% 7,263 “
DEPARTMENT of Justice accounts for 10% of all VRA 1,911 “
accounts for 10% of all +30% 3,422 “
DOD total 669,442 38% of total federal work force
VA “ 219,301 12% “ “ “ “
DOJ “ 125,364 07% “ “ “ “
three agencies that employ 57% of federal workforce employs 91% of the VRA and +30% disabled veterans
If the DOD totals include Reserve Component these employment numbers could be off by one half!
throughout the rest of the federal workforce 0.7% is a >30% disabled veteran
Percentage of department’s work force is VRA or +30% disability
DEPARTMENT of Commerce
NOAA accounts 104 of those 0.7% VRA 132
0.8% +30% 263
Federal Trade Commission 0.09%+30% 1 worst
ttl 1107 emp 0.5% +30% 29
Dept of Human Services 0.8 % VRA 52
0.4% +30% 276
Dept of Agriculture 0.15% VRA 106
0.5% +30% 570
National Labor Relations Board 0.2% +30% 4
Small Business Admin 1% +30% 42
Imm and Naturalization 10% +30% 3469 best
Office of Personnel Management 0.2% VRA 9
1.3% +30% 49
MSPB 0.5% +30% & VRA 1 each
only 15 Vets out of 33 who are VEV, VRA or disabled Vet
US Geologic Survey 0.47% +30% 48
this agency was truly created by a +30% disabled vet - John Wesley Powell - he lost an arm in the Civil War & yet it’s the smallest % in the Dept of Interior
2 Military Almanac
Year Army2 Air Force Navy USMC Total
1970 1,322,548 791,349 691,126 259,737 3,064,760
1975 784,333 612,751 535,085 195,951 2,128,120
3 Veterans' Preference: Data on Employment of Veterans (Letter Report,
02/01/95, GAO/GGD-96-13)
THE PROPORTION OF VETERANS IN THE FEDERAL WORKFORCE DECLINING
As noted earlier, preference-eligible veterans comprised 27 percent of the federal workforce as of September 30, 1994. This continued a downward trend in veteran employment that had been ongoing for a number of years. According to OPM data, preference-eligible veteran made up about 39 percent of the federal workforce at the end offiscal year 1983, and 34 percent of the workforce at the end of fiscal year 1987.
A likely reason for the decline is that preference-eligible veterans are leaving the workforce in greater numbers than they are entering it, as a result of the aging of the veteran workforce and the shrinking of the pool of preference eligibles. For example, while veterans with preference accounted for 14.8 percent of all hires in fiscal year 1994, they accounted for nearly 49 percent of all retirements.
4 Ibid.
Defense agencies, led by the Army and Navy, hired a higher percentage of veterans with preference than did non-Defense agencies in fiscal years 1990 through 1994. In fiscal year 1994, for example, 20 percent of the Army's new hires and 21.4 percent of the Navy's new hires had veterans' preference. Among non-Defense agencies, the Department of Veterans Affairs had the largest proportion of veterans in its new hires. In fiscal year 1994, nearly 18 percent of its new hires had veterans' preference.
U.S. Bureau of Labor Statistics
Division of Labor Force Statistics
Suite 4675
2 Massachusetts Avenue, NE
Washington, DC 20212-0001
Table 4. Employment status of male veterans 18 years and over by period of service, presence of service-connected disability, and reported disability rating, August 2001
% unemployment
30- to 50- % disability 7.0
60 % or higher disability 12.4 as compared to
W/o service disability 3.4
The U.S. Department of Veterans’ Affairs (VA) estimates that 275,000 veterans are homeless on any given night, and over 500,000 veterans are homeless during a year.
April 17, 2002
OPM cracks down on 'burrowing in' at the Labor Department
By Tanya N. Ballard
tballard@govexec.com
Labor Department officials violated veterans preference laws when they gave a career job to a Clinton-era political appointee in 1999, the Office of Personnel Management announced Tuesday.
Two veterans and four other applicants OPM said were unfairly passed over for a position at the Labor Department must now be given priority consideration for future jobs at the agency.
In 1998, a political appointee dispatched to the Office of Small Business Programs converted to a management analyst position in the federal career service. According to OPM, Labor Department officials canceled an earlier job posting for the same position and tailored the position description to the appointee’s skills. Generally, political appointees must resign when an administration changes, but they sometimes convert to career jobs, or “burrow in,” a practice that circumvents the government’s merit-based hiring system.
Agencies currently use the “rule of three” to select a job candidate. The rule requires human resources officials to pick a new hire from among the three most qualified applicants. Qualified veterans are given extra points in the hiring process, meaning that they can rank higher on a list of candidates than an equally qualified nonveteran.
OPM said the posting was canceled because a disabled veteran with a 10-point veterans preference and another with a 5-point veterans preference would have kept the appointee from getting the job.
“When you have a list of candidates for a job and you’ve done your best at pre-assessment and in the final assessment you figure out they aren’t really suited to your needs, you don’t have to hire someone,” said John Palguta, former director of the Office of Policy and Evaluation at the Merit Systems Protection Board. “That’s legitimate, every agency has that right.” However, Palguta said, managers should never turn away applicants or refuse to fill a position because the person they want to hire doesn’t make the cut.
“That’s not a legitimate reason to cancel a posting. That is contrary to principle and it certainly sounds like that is what OPM has told Labor,” said Palguta, who is now vice president for policy and research at the Partnership for Public Service.
The personnel office reviewed the incident at the request of Assistant Labor Secretary Patrick Pizzella, who became aware of the shift when a recent General Accounting Office report identified 17 potential “burrowing in” appointments out of 111 career conversions at the end of the Clinton administration.
In a letter to Labor Secretary Elaine Chao, OPM also directed the agency to modify its human resources accountability system to make sure this type of conversion didn’t occur again. A Labor Department spokeswoman said the letter is under review.
“This action should send an unequivocal message that if these regulations are ignored, there will be swift and decisive action taken to correct the injustice,” OPM Director Kay Coles James said in a written statement. “We will uphold the principles of merit and veterans preference.” OPM referred the case to the Office of Special Counsel for further investigation "At the Office of Personnel Management, veterans' preference is, and always will be, one of our top priorities," stressed James. "We are serious about protecting our veterans' preferences in the Federal hiring process. This year, we ordered a Federal agency to give priority consideration to one disabled veteran with a 10-point preference and another with a 5-point preference. The actions of that agency had previously resulted in a former political appointee getting a job ahead of the two eminently more-qualified veterans. Their actions violated the intent and spirit of the veterans' preference laws
[
Next Thread |
Previous Thread |
Next Message |
Previous Message
]
| |
Feedback: 