Florida Hearing Officer Recommends Denial of Veteran’s Preference Complaint in Bonita Springs Promotion Dispute

A hearing officer with the Florida Public Employees Relations Commission has recommended the dismissal of a veteran’s preference complaint brought by Bonita Springs firefighter and National Guard veteran John Kutz over the district’s decision to promote another officer to Deputy Chief of EMS.

The administrative case appears to arise from the same set of events underlying a federal lawsuit we covered last year, in which Kutz alleged that Bonita Springs Fire Control and Rescue District discriminated against him based on his military service following his return from National Guard deployment. Here is more on that suit that remains active in the US District Court for the Middle District of Florida.

The position at issue was posted in September 2024 after the district learned that the existing Deputy Chief of EMS would be leaving. According to the hearing record, the position functioned as the district’s third-ranking command post, directly below the fire chief and assistant chief.

Kutz, who joined the district in 2006, applied for the opening along with two other internal candidates, including Kelli Wilson, who was ultimately selected.

By the time of the promotion process, Kutz had advanced from firefighter/EMT to paramedic, to lieutenant, and served as an Acting Battalion Chief. He also held Fire Officer certifications and had received several departmental recognitions, including Paramedic of the Year and a Distinguished Service Medal.

A substantial part of Kutz’s presentation during the process centered on his military background. He enlisted in the Florida National Guard in 2015 as a combat medic and deployed to Jordan in 2021 for ten months. The hearing officer found that while deployed, Kutz oversaw medical readiness for an entire military base, drafted medical protocols, trained personnel, managed inventory systems, and coordinated medical operations across the installation.

He returned to the district in 2023 after an honorable discharge.

After Wilson was selected, Kutz met with Fire Chief Gregory DeWitt to ask why he had not been chosen. According to findings credited by the hearing officer, Chief DeWitt initially told him that all three candidates were equal.

That statement became central to Kutz’s complaint because under Florida’s veteran’s preference statute, a preference-eligible veteran is entitled to preference when competing candidates are substantially equal.

Kutz then asked whether his Fire Officer III certification had been considered. DeWitt responded that Kutz may have been more qualified in certain respects, but that Wilson was being promoted.

When Kutz raised veteran’s preference, DeWitt reportedly responded that veteran’s preference entitled him only to an interview.

Kutz then filed a grievance. During the grievance process, district management prepared a comparative matrix of qualifications, but Kutz maintained that significant portions of his experience had been omitted. He also filed a complaint with the Florida Department of Veterans’ Affairs, which found merit and referred the matter for hearing before the Public Employees Relations Commission.

At the evidentiary hearing, the district presented evidence supporting Wilson’s qualifications for the command role. The hearing officer found that Wilson had stronger administrative preparation in areas the district considered important for the Deputy Chief position, including leadership communication, departmental safety culture, and handling internal personnel issues.

Wilson’s interview responses emphasized open communication, morale, and fact-finding before discipline. The record also reflected that Chief DeWitt viewed her as someone who led by example, particularly in safety and contamination-control practices.

Although the hearing officer credited portions of Kutz’s testimony concerning post-interview discussions, the final conclusion favored the district.

The recommended order states:

• Overall, while it is readily apparent that Kutz is highly respected and an exemplary candidate, I find that Wilson is the most qualified for the position at issue.

Because veteran’s preference does not override selection of a more qualified non-veteran candidate, the hearing officer concluded that the district complied with Chapter 295, Florida Statutes.

The order continues:

• The Fire District did not violate the veterans’ preference laws because it hired the candidate who was most qualified for the position.

The hearing officer recommended that the Public Employees Relations Commission deny Kutz’s complaint.

Assuming the ruling is adopted by the PERC, it narrows one part of the broader dispute between Kutz and the district. While the federal lawsuit focuses on alleged military-service discrimination under federal law, the administrative proceeding addressed only whether Florida’s veteran’s preference statute required a different promotional outcome. However, it raises certain legal principles – namely res judicata and collateral estoppel, that may now come into play. Something for the legal eagles to consider… Brad and I will no doubt be discussing these issues in next week’s Fire Law Roundup.