8925-17 Collective Bargaining Agreement - Dispatchers

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afforded the right to have an attorney present at any and all interrogation sessions related to the specific incident. ARTICLE 38 PERSONNEL FILES 38.01 The personnel files for all employees shall be maintained by the Director of Human Resources for the City of Lakewood. 38.02 All full time employees of the bargaining unit shall have the right to examine their own personnel file (excluding all information related to their probationary period and pre- employment screening), once every six (6) months and with two (2) working days advance notice. Such request shall be forwarded through channels to the Director of Human Resources. Employees will be required to remain in the Human Resources Department with a member of the Human Resources staff while reviewing their file. Under no circumstances will an employee be allowed to remove a file from the Department of Human Resources. 38.03 An employee may not remove or alter any documents in their file but may place written clarification, explanation or rebuttal to any of its contents which may be of a negative nature, by submitting same, through channels, to the Director of Human Resources. 38.04 No unsubstantiated complaint shall be placed in an employee's personnel file and any disaffirmed disciplinary action shall be expeditiously removed from an employee's file. ARTICLE 39 CONFLICT WITH LAW AND SEPARABILITY 39.01 The parties intend this Agreement to supersede and replace any state and local laws on the subjects covered by this Agreement. Where this Agreement makes no specification about a matter, the provisions of applicable law shall prevail. If, by operation of law, or by a court of competent jurisdiction, it is found that any provision shall be of no further force and effect, the remainder of the Agreement shall remain in full force and effect for the Agreement term. 39.02 If it is determined by a court of final jurisdiction, that any provision of this Agreement is in conflict with the law, that provision shall be null and void and shall not affect the validity of the remaining articles of this Agreement. 39.03 In the event of an unlawful termination of a section or article of this Agreement, that section or article shall be reopened and the City and Union shall meet within thirty (30) days to negotiate a lawful alternative provision. If the parties cannot resolve the issue among themselves within thirty (30) days of the first meeting, the parties shall submit the issue to arbitration pursuant to the terms of Article 10, Section 10.04. ARTICLE 40 TRAINING ASSIGNMENT f