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commercial drivers' laws. Minnesota law <br />does not clearly allow for the use of <br />breathalyzers in testing. <br />Response: Minn. Stat. § 181.950-.957 <br />should be amended to permit the use of <br />breathalyzers as an acceptable technology <br />for determining alcohol use. <br />Currently, some cities are using a blood <br />draw sample to determine blood alcohol <br />levels based on this law. A blood sample <br />can be used to test for genetic <br />information, diseases and other <br />inappropriate information. The <br />alternative of using a breathalyzer is less <br />invasive, provides an instant result, and is <br />the widely accepted method for <br />complying with alcohol testing laws. <br />HR-17. Veterans Preference <br />Issue: The League of Minnesota Cities <br />recognizes the important contributions <br />veterans have made and agrees with the <br />intent of legislation that gives veterans <br />certain preferences in employment. <br />However, since the veterans preference law <br />was initially passed, the number of <br />employment protections has greatly <br />increased. This includes a federal law that <br />specifically protects veterans from <br />employment discrimination. <br />Response: The League of Minnesota <br />Cities supports the Legislature <br />undertaking a study of Minnesota's <br />veterans preference law to determine its <br />effectiveness and efficiency in light of <br />today's employment laws, statutes, and <br />regulations, and to consider possible <br />modifications to current laws. For <br />example, the League would support <br />clarification of the law on use of <br />promotional points when an employee <br />becomes disabled after a first promotion. <br />The League also supports a change to <br />limit the right of appeal for veterans <br />employed by cities who are subject to a <br />probationary period until after the <br />probationary period has passed. <br />Finally, the League supports allowing <br />public employers the additional option to <br />include a neutral arbitrator as a choice <br />for a hearing process in lieu of a three - <br />person panel. <br />HR-18. Drug and Alcohol <br />Rehabilitation <br />Issue: Under Minn. Stat. § 181.953, <br />subd. 10(b), an employer cannot terminate <br />an employee for a positive controlled - <br />substance test without first providing the <br />employee a chance for rehabilitation and <br />treatment. Recently, some cities have been <br />advised this law applies to "probationary" <br />employees, as well as to regular employees. <br />Response: The League of Minnesota <br />Cities supports a legislative change to <br />clarify the state law on drug and alcohol <br />rehabilitation and treatment does not <br />apply to probationary employees. <br />HR-19. Background Checks <br />Issue: Current law allows criminal justice <br />background checks on active employees (as <br />opposed to applicants for employment) only <br />when such employees are firefighters or <br />work with children. The law governing <br />criminal history background checks on <br />police and other city employees does not <br />specifically allow such checks on active <br />employees. Cities need the ability to be able <br />to conduct criminal history background <br />checks on active employees as well as <br />applicants for employment using the BCA or <br />the BCA database access. <br />League of Minnesota Cities <br />2015 City Policies Page 84 <br />