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which the substance abuse professional receives remuneration or in which the substance <br /> abuse professional has a financial interest. This paragraph does not prohibit through a <br /> public agency, the City or a person under contract to provide treatment for alcohol or <br /> controlled substance problems on behalf of the City, the sole source of therapeutically <br /> appropriate treatment under the driver's health insurance program; or the sole source of <br /> therapeutically appropriate treatment reasonably accessible to the driver. <br /> 6. Inapplicability Of Section. The requirements of this section with respect to referral, <br /> evaluation, rehabilitation do not apply to applicants who refuse to submit a pre- <br /> employment alcohol or controlled substance test or who have a pre-employment alcohol <br /> test with a result indicating an alcohol concentration of 0.04 or greater or a controlled <br /> substance test with a verified positive test result. <br /> APPEALS PROCEDURE <br /> 1. Concerning disciplinary actions taken pursuant to this City of Mounds View Policy <br /> Implementing the Federal Omnibus Transportation Employee Testing Act and Related <br /> Regulations, available appeal procedures are as follows: <br /> (A) Temporary employees. Temporary employees as defined in the City of Mounds <br /> View Personnel Policy shall have not right of appeal. <br /> (B) Non-veterans on probation. An employee who has not completed the <br /> probationary period and who is not a veteran has no right of appeal. <br /> (C) Non-veterans after probation. A regular employee who has completed the <br /> probationary period and who is not a veteran has a right to appeal to the City of <br /> Mounds View no later than 15 calendar days of the action, or the employee may <br /> utilize the employee grievance procedure in the applicable collective bargaining <br /> agreement. <br /> (D) Veterans. An employee who is a veteran has a right to appeal to the City of <br /> Mounds View a permanent demotion (including salary decreases), or a discharge, <br /> if the employee submits a notice of appeal within sixty calendar days of the <br /> action, regardless of status with respect to the probationary period. An employee <br /> who is a veteran may have additional rights under the Veterans Preference Act, <br /> Minn. Stat. 197.46 <br /> 2. All notices of appeal not covered under a collective bargaining agreement must be <br /> submitted in writing to the City of Mounds View, Personnel, 2401 Highway 10. Mounds <br /> View, MN 55 112 which shall provide an appropriate hearing. <br /> DATA PRIVACY <br /> The City will not disclose the test results reports and any other information acquired in the drug <br /> 19 <br />