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of Barna, GUZ? and Steffen and asked for an opinion about whether Ms. <br /> Koskinen's <br /> assumption <br />was valid. <br /> <br />Scott Lepak, v&o specializes in employment law, responded to my inquiry on November 22 by <br />phone. He toldime that the unemployment hearing and resulting decision is not admissible at the <br />arbitration hearing. He reaffirmed that the City has a right to enact its policies and that we <br />should have no:. qualms about pursuing our original course of action. He referred me to MN <br />Statute 268.105subdivision 5, which reads: <br /> <br />All test' ~h~ony at any hearing conducted pursuant to subdivision 1 shall be recorded, but <br />shall be ~ranscribed only if the disputed claim is appealed further and is requested by a <br />party, o4 as directed by the commissioner or an authroized representative. Testimony <br />obtained render subdivision 1, may not be used or considered in any civil, administrative, <br />or contr~tual proceeding, except by a local, state, or federal human rights group with <br />enforcen~?nt powers, unless the proceeding is initiated by the department. No findings of <br />fact or decision issued by a reem~)lovoment insurance Judge or the commissioner or <br />authonze~l representative may be held conclusive or binding or used as evidence in any <br />~eparate 6~r subsequent action in any other forum, except proceedings provided for under <br />this chat)¼er, regardless of whether the action involves the same or related parties or <br />involves' the san~e facts. (underlining added) <br /> <br />Tonight the City Council will be asked whether they wish to settle this matter or continue on to <br />arbitration. <br /> <br />If the decision is t,o settle, I believe it is imperative to revise our CDL policy so that a refusal to <br />submit to testing ii considered the same as a positive test result, i.e., the employee can't be fired, <br />but is required to participate in evaluation and follow-up treatment. <br /> <br />If the decision is, to continue to arbitration, I believe the City should be represented by an <br />attorney who is experienced in employment law. Mr. Lepak estimates the cost at around $2500. <br /> <br /> <br />