Welcome Guest! To enable all features please Login or Register.

Notification

Icon
Error

DHS

The Department of Homeland Security has a vital mission: to secure the nation from the many threats we face. This requires the dedication of more than 230,000 employees in jobs that range from aviation and border security to emergency response, from cybersecurity analyst to chemical facility inspector. [Their] duties are wide-ranging, but [their] goal is clear: keeping America safe. (source: www.dhs.gov)

Perhaps you are working for the DHS or interested in working for the DHS. Here is a forum to share your experience with the DHS.

71 Pages<1234>»
Options
Go to last post Go to first unread
cpt biggs  
#21 Posted : Friday, December 31, 2010 8:03:05 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 12/9/2010(UTC)
Posts: 486

how did you get into a covered position before the age cut off. just wondering since you retired from both the military and police gig.
armycpttx  
#22 Posted : Friday, December 31, 2010 8:08:46 AM(UTC)

Rank: Rookie

Groups: Registered
Joined: 12/20/2010(UTC)
Posts: 42

A recent decision from the Merit Systems Protection Board could open hundreds of law enforcement and other jobs to veterans who previously bumped up against age restrictions during the application process.

MSPB ruled on July 2 that the State Department must waive maximum entry age requirements for veterans applying to become special agents at the Diplomatic Security Service.

The case, Isabella v. Department of State, stems from a claim filed by Robert Isabella, a preference-eligible veteran who applied for a special agent position at the department. The job description called for someone 37 or younger; Isabella was 36 when he applied and when he turned 37, the agency stopped processing his application. The reasoning was that he was too close to the cutoff age.

But MSPB found that this violated Isabella's rights under the 1944 Veterans Preference Act, the 1998 Veterans Employment Opportunities Act, and the 1994 Uniformed Services Employment and Reemployment Rights Act. The ruling pointed to a section of the Veterans Preference Act that requires federal agencies to waive maximum age rules for preference-eligible applicants unless the age requirement is essential to the performance of the work.

The board determined that in this case the sole purpose of the age restriction was to allow agents to enjoy a full career before reaching the mandatory retirement age, which is normally 57, but can be extended three years to 60 if the agency has a particular need.

"Being 37 is not critical to the job," said Mathew Tully, the attorney who represented Isabella, on Tuesday. "[State] has special agents up to age 60, and if you could be 60 and a special agent, it's not a critical element of the job."

MSPB ordered State to waive the age requirement for Isabella and finish processing his application.

Tully said the ruling opens up to veterans 280 federal law enforcement and firefighter jobs that used to have age restrictions. The only other field that is not covered by the ruling is air traffic control, which has a maximum entry age of 30. But Tully said the ruling for law enforcement positions would make winning a second case for air traffic control "relatively easy."

"It's crucial that veterans are knowledgeable about the laws that can help them get an edge in federal employment," Tully said. "The more who know, the more who will become federal employees."



armycpttx  
#23 Posted : Friday, December 31, 2010 8:20:01 AM(UTC)

Rank: Rookie

Groups: Registered
Joined: 12/20/2010(UTC)
Posts: 42

If you don’t get federal job preference, speak up


By Mathew B. Tully - Special to the Times

I’ve been getting questions lately on the Veterans Employment Opportunities Act, no doubt because my fellow Military Times columnist, retired Coast Guard Command Master Chief Petty Officer Alex Keenan, recently has written about this law and the federal government’s failure to comply with it.

Due to space limitations, I’m not going to discuss who is protected under the VEOA and how to get veterans’ preference (it’s easy if you’re a veteran). I recommend that any veteran looking for a federal job visit this Web site, which provides tons of information:http://www.opm.gov/veterans/html/vetguide.asp.

Since the VEOA became law, many people have argued that the system doesn’t work, and that veterans applying for vacancy announcements are treated the same way all applicants are treated, without any preference to those eligible under the law.

Some veterans say they are being kept off the list of eligibles due to service as a reservist or injuries they received in combat — both violations of another law called the Uniformed Services Employment and Reemployment Rights Act. The only place the VEOA is being adequately applied, vets say, is on such things as the Park Police Officer exam.

The VEOA provides a system for redress similar in nature to the USERRA system, discussed in one of my first articles, archived online athttp://www.airforcetimes.com/community/ask_lawyer.

First, any preference-eligible person who thinks he is wronged in the hiring process can file a complaint with the Labor Department. (Find the nearest office online athttp://www.dol.gov/vets/aboutvets/contacts/main.htm.) But you must file the complaint within 60 days of when you learned you did not get the job.

This and all the other timelines discussed here are firm, so be sure to file your complaint quickly. You have nothing to lose by filing the complaint if you did not get the job, so you should file just to find out if everything was done properly.

If no decision or settlement has been reached with the Labor Department after 60 days, or within 15 days after the department issues a ruling, a veteran may file a complaint with the Merit System Protection Board. You should file your complaint with the MSPB online athttp://www.mspb.gov as soon as possible.

Until recently, the system of veterans’ preferance has not been very useful to veterans seeking jobs, mainly because, in my opinion, they have not always pursued their rights under the law.

Recently, the MSPB overturned a decision in Isabella v. Department of State. Mr. Isabella, who is my client, applied under a vacancy announcement for the position of special agent with the State Department.

Special agents must be appointed to the position prior to their 37th birthday. While his application was pending, Mr. Isabella turned 37 — and was no longer considered for the position by the agency. The MSPB found that because the maximum entry age was not essential to the performance of the duties of the position, the agency should have waived this age requirement due to veterans’ preference laws.

As a result of that case, other veterans eligible for this preference will have the opportunity to qualify for vacancies that were previously just out of reach.

The MSPB also ruled that the agency must make things right by complying with the law. The board may award compensation to veterans who lost wages or benefits because the agency did not consider a veteran’s preference eligibility. If the board thinks the agency “willfully” violated the law, it may also award a veteran back pay, attorney’s fees, and the cost of taking the case to court.

Without agency recognition, there is little that can be done besides litigating claims, which can be costly and time-consuming. But this recent decision hopefully will encourage agencies to do a better job in training employees to apply veterans’ preferences when filling vacant positions.

I’m proud to be among the few attorneys pushing for new laws and for the strengthening of existing laws to help veterans. Please keep your questions and concerns coming.



cpt biggs  
#24 Posted : Friday, December 31, 2010 8:41:07 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 12/9/2010(UTC)
Posts: 486

oh ok i see. in the federal air marshal service they are strict about the age cut off for retirement . im sure most agencies get around the new court ruling. are you in a covered position now? nice to know though, thanks
cpt biggs  
#25 Posted : Friday, December 31, 2010 8:46:11 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 12/9/2010(UTC)
Posts: 486

when i applied to fams a few years ago after i left ft bragg i was rushed onboard because of my ten point vet status. i was onboard within four months or less and in fletc in new mexico. it depends on the agency.
armycpttx  
#26 Posted : Friday, December 31, 2010 8:46:47 AM(UTC)

Rank: Rookie

Groups: Registered
Joined: 12/20/2010(UTC)
Posts: 42

not to sure about getting around a court ruling like that, went from the USMS to my new position. the USMS had no problem and even helped my with the paperwork to buy back my military time.. so just remember If you don’t get federal job preference, speak up..
armycpttx  
#27 Posted : Friday, December 31, 2010 8:48:00 AM(UTC)

Rank: Rookie

Groups: Registered
Joined: 12/20/2010(UTC)
Posts: 42

so to answer yes a covered position at both agencies. 
cpt biggs  
#28 Posted : Friday, December 31, 2010 9:26:38 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 12/9/2010(UTC)
Posts: 486

thanks bro
txice  
#29 Posted : Friday, December 31, 2010 9:55:15 AM(UTC)

Rank: Groupie

Groups: Registered
Joined: 3/4/2009(UTC)
Posts: 56

cpt biggs wrote:
how did you get into a covered position before the age cut off. just wondering since you retired from both the military and police gig.
 
I retired from the PD at 35 with 13 years of service.  We are vested in our retirement at 12 years at the PD.  I came onboard with ICE at 35 years of age.  I dont have any military experience though. 
Scout0315  
#30 Posted : Friday, December 31, 2010 10:11:52 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 4/20/2009(UTC)
Posts: 1,169

I started with IRS CI at age 41 as a Special Agent (1811). 
 
"From now until the end of the world, we and it shall be remembered. We few, we Band of Brothers. For he who sheds his blood with me shall be my brother." - William Shakespeare ("King Henry V")
NavyWolverine  
#31 Posted : Tuesday, January 4, 2011 12:12:22 AM(UTC)

Rank: Member

Groups: Registered
Joined: 1/3/2011(UTC)
Posts: 27

Found out on Dec 31 I was referred to selecting official also, GS 9/11 noncompetitive merit promotion. Background is 7 years active duty, 4 year degree
cpt biggs  
#32 Posted : Tuesday, January 4, 2011 12:17:00 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 12/9/2010(UTC)
Posts: 486

cool conngrats. are you already a fleo. what office did you apply too?
cpt biggs  
#33 Posted : Tuesday, January 4, 2011 12:24:39 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 12/9/2010(UTC)
Posts: 486

cool conngrats. are you already a fleo. what office did you apply too? 
NavyWolverine  
#34 Posted : Tuesday, January 4, 2011 12:36:38 AM(UTC)

Rank: Member

Groups: Registered
Joined: 1/3/2011(UTC)
Posts: 27

former 1811 and charlotte
cpt biggs  
#35 Posted : Tuesday, January 4, 2011 12:55:10 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 12/9/2010(UTC)
Posts: 486

i will let you know if i hear anything.  albany
NavyWolverine  
#36 Posted : Tuesday, January 4, 2011 12:57:56 AM(UTC)

Rank: Member

Groups: Registered
Joined: 1/3/2011(UTC)
Posts: 27

good luck, Capt
will ivory  
#37 Posted : Tuesday, January 4, 2011 2:10:44 AM(UTC)
dubb18

Rank: Newbie

Groups: Registered
Joined: 6/23/2009(UTC)
Posts: 13

I've applied as well already with FPS as an Inspector.  Referred for all locations.
TLEOT  
#38 Posted : Tuesday, January 4, 2011 11:29:30 AM(UTC)

Rank: Newbie

Groups: Registered
Joined: 1/4/2011(UTC)
Posts: 7

Hello all, new to the site.  Also applied for this position in the Las Vegas office and was recently referred for the GS-9 non-competitive.

Background is 11 years military, Masters in International Relations, four years as a military 1811 with the rest as law enforcement.

Keeping my fingers crossed...good luck to everyone!Sleepy

cpt biggs  
#39 Posted : Tuesday, January 4, 2011 11:43:10 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 12/9/2010(UTC)
Posts: 486

nice to meet you bro. were you cid or osi?
TLEOT  
#40 Posted : Tuesday, January 4, 2011 12:53:16 PM(UTC)

Rank: Newbie

Groups: Registered
Joined: 1/4/2011(UTC)
Posts: 7

Heh, actually its sis.  And it was OSI.  The job as listed seems similar in scope to what I'm coming from although I focussed on the CI/CT side of the house.

Thanks for the welcome!   Big smile
Rss Feed  Atom Feed
Users browsing this topic
Guest
71 Pages<1234>»
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.

Powered by YAF 2.1.1 | YAF © 2003-2022, Yet Another Forum.NET
This page was generated in 1.227 seconds.