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The DATWA prohibits an employer from <br />terminating an employee for a positive <br />controlled substance test without first <br />providing the employee a chance for <br />rehabilitation and treatment. This law <br />applies to probationary employees as well as <br />those who have completed probation. <br />Currently, breathalyzer use and saliva swabs <br />are permitted for alcohol testing under <br />federal commercial driver testing laws <br />though Minnesota does not allow for the use <br />of breathalyzers in testing. Use of <br />breathalyzers for employee alcohol testing is <br />a less invasive, less expensive method. In <br />addition, federal commercial driver testing <br />laws address a number of outcomes other <br />than a positive test result, including but not <br />limited to tampering with a sample, <br />providing a substitute sample, providing a <br />sample that is not human urine, providing a <br />sample that is not capable of being tested, <br />etc. State law is silent on these outcomes. <br />Response: The League of Minnesota <br />Cities supports the following changes to <br />the DATWA: <br />a) Updates to reflect new issues, such as <br />adding new definitions as needed to <br />reflect current practices; <br />b) Clarification that a positive controlled <br />substance test during probation does <br />not require the employer to provide <br />an employee who has not completed <br />probation a chance for rehabilitation <br />and treatment; and <br />c) Permitting the use of breathalyzers <br />and saliva swabs as acceptable <br />technology for determining alcohol <br />use. <br />HR-15. Veterans Preference <br />Issue: Cities have a long history of <br />recruiting and hiring veterans as they are a <br />natural fit in city government. Across the <br />state, cities are partners in working with and <br />ensuring veterans have a variety of <br />opportunities afforded to them given their <br />sacrifice and service. The purpose of the <br />Minnesota Veteran's Preference Act (VPA) <br />is to facilitate the transition of veterans from <br />the military to civilian life and to help <br />compensate veterans for their sacrifices of <br />health and time to the community, state and <br />nation. The VPA grants veterans limited <br />preference over nonveterans in hiring and <br />promotion for most state and local <br />government employment to recognize the <br />training and experience they received as a <br />result of serving in the military. It also <br />provides local government employees who <br />are veterans some protection against unfair <br />demotions and dismissals. These preferences <br />and protections are commonly referred to as <br />"veteran's preference" and are codified in <br />Minn. Stat. §§ 43A.11, 197.455, 197.46, <br />197.48, and 197.481. <br />Once a veteran has completed an initial <br />probationary period upon hire, they cannot <br />be removed from their position or <br />employment, except for incompetency or <br />misconduct shown after a properly noticed <br />hearing. Currently, a veteran can only be <br />placed on probation upon hire but not <br />following a promotion. It is common <br />practice to place employees on probation <br />following employee promotion making this <br />restriction inconsistent with current practice <br />and procedure. <br />Termination hearings are held before the <br />local civil service commission or before an <br />arbitrator and Minn. Stat. § 197.46 allows a <br />veteran to choose a hearing before the local <br />civil service commission, or an arbitrator. <br />Members of civil service commissions are <br />chosen for their expertise and experience <br />with employment law. Hiring an arbitrator <br />for a hearing instead of utilizing an <br />established civil service commission is <br />inefficient. <br />League of Minnesota Cities <br />2018 City Policies Page 90 <br />