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legitimate explanation for the driver's failure to contact within seventy -two <br />is (72) hours, the MRO shall direct the analysis of the split specimen. <br />• <br />2. Results of Negative Retest ... If the confirming retest is negative, no <br />adverse action will be taken against the driver and an applicant will be considered <br />for employment. <br />3. Copy of Test Result ... The City shall inform the driver of the right to <br />request and receive from the City a copy of the test result report. <br />XII. DISCIPLINE <br />1. Persons in Violation... Any person found to be in violation of this policy is <br />subject to discipline up to and including termination of employment as indicated in <br />Section 218.08 (6), of the Elk River City Code. Disciplinary actions taken pursuant <br />to this policy are appealable pursuant to the procedures established in this policy. <br />2. City's Right to Discipline... Nothing in this policy limits or restricts the <br />right of the City to discipline or terminate a driver for conduct which violates the <br />City's policies or rules whether or not the driver is not tested for controlled <br />substances or alcohol. <br />3. Appeals Procedure... <br />A. Non - Veteran Drivers ... A non - veteran driver has a right to appeal to <br />the City Administrator no later than twenty-one (2 1) calendar days after the date of <br />the action. <br />B. Veteran Drivers ... A driver who is a veteran has a right to appeal to <br />the City Administrator a permanent demotion (including salary decrease), or a <br />discharge, if the driver submits a notice of appeal within sixty (60) calendar days of <br />the action, regardless of status with respect to the probationary period. A driver <br />who is a veteran may have additional rights under the Veterans Preference Act, <br />Minnesota Statute 197.46. <br />C. Notices of Appeal ... All notices of appeal must be submitted in <br />writing to the City of Elk River City Administrator. <br />XIII. CONFIDENTIALITY OF TEST RESULTS <br />All alcohol /controlled substances test results and required records are considered <br />confidential information. Any information concerning an individual's test results <br />and records shall not be released without the written permission of the individual <br />except as provided for by regulation or law. <br />page 13 <br />