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I <br /> I <br /> I <br /> i <br /> ! <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />c) <br /> <br /> driver for Assistance through a public agency, the City or person under contract to <br /> provide tr~aiment for alcohol or controlled substance problems on behalf of the <br /> City, the ~ole source of therapeutically appropriate treatment under the driver's <br /> health in.~iurance program; or the sole source of therapeutically appropriate <br /> treatment reasonably accessible to the driver. <br />f) Inapplicab lity of Section. The requirements of this section with respect to referral, <br /> evaluation rehabilitation do not apply to applicants who refuse to submit to a pre- <br /> employment alcohol or controlled substance test or who have a pre-employment <br /> alcohol te~;t with a result indicating an alcohol concentration of 0.04 or greater or <br /> a controli~,,d substance test with a verified positive test result. <br /> <br /> Ao[~eals Proced~. re <br /> <br />a) Concemi~{ disciplinary actions taken pursuant to this City of Brooklyn Park Policy <br />Implementing the Federal Omnibus Transportation Employee Testing Act and <br />related regulations, available appeal procedures are as follows: <br /> 1) Temporary Employees..Temporary employees as defined in the City of <br /> Brdoklyn Park Personnel Code shall have no right of appeal. <br /> 2) No_~-Veterans on Probation. An employee who has not completed the <br /> pre 3ationary period and who is not a veteran has no right of appeal. <br /> 3) No~ ~-Veterans after Probation. A regular employee who has completed the <br /> pro 3ationary period and who is not veteran has a right to appeal to the City <br /> of I~.rooklyn Park City Manager no later than twenty-one (21) calendar days <br /> oftl~e action, or the employee may utilize the grievance procedure included <br /> in me applicable collective bargaining agreement. <br /> 4) V~ erans. An employee who is a veteran has a right to appeal to the City <br /> of 3rooklyn Park City Manager a permanent demotion (including salary <br /> ded~rease), or a discharge, if the employee submits a notice of appeal within <br /> sixl~ (60) calendar days of the action, regardless of status with respect to <br /> theJ probationary period. An employee who is a veteran may have <br /> addlitional rights under the Veterans Preference Act, Minnesota Statute <br /> 19~.46. <br />b) All notices~ of appeal not covered under a collective bargaining agreement must be <br /> submittediin writing to the City of Brooklyn Park Human Resources Director, 5200 <br /> 85th Averse North, Brooklyn Park, Minnesota, which shall provide an appropriate <br /> hearing. · <br /> An emplo' ~ee who is covered by a collective bargaining agreement may elect to <br /> seek relic under the terms of that agreement by contacting the appropriate union <br /> and initiating grievance procedures in lieu of taking an appeal to the City Manager. <br /> <br />16 <br /> <br /> <br />