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* includes Operator in Training status <br />40.02 The City will pay the required fees for the purposes of testing and maintaining licenses which <br />are required for the employee's current position. Payment for testing and maintaining of CDL <br />licenses is excluded from this provision, except as may be made pursuant to Article 38.06. <br />40.03 Employees working in a position that utilizes a Commercial Driver License (CDL) shall <br />receive a one (1) time lump sum payment each year of $50.00, payable on the first regular pay date <br />in March. <br />ARTICLE 41 LEGALITY <br />41.01 If a court of competent jurisdiction invalidates any provision of this Agreement, that <br />provision shall be null and void, but that determination shall not affect the validity of the remaining <br />paragraphs of this Agreement. In the event a provision is determined unlawful, the Agreement shall <br />be reopened on that provision and the City and the Union shall meet within thirty (30) days for the <br />purpose of negotiating a lawful alternative provision. <br />ARTICLE 42 PERSONNEL FILES <br />42.01 The personnel files for all employees shall be maintained by the Director of Human <br />Resources of the City of Lakewood. <br />42.02 All permanently appointed employees shall have the right to examine their own personnel <br />file (excluding all information related to their probationary period) with two (2) working days <br />advance notice. Such request shall be forwarded through channels to the Director of Human <br />Resources. <br />42.03 An employee may not remove or alter any documents in their file but may place written <br />clarification, explanation or rebuttal to any of its contents, which may be of a negative nature, by <br />submitting it through channels to the Director of Human Resources. <br />42.04 No unsubstantiated complaint shall be placed in an employee's personnel file and any <br />disaffirmed disciplinary action shall be expeditiously removed from an employee's file. <br />42.05 Information in an employee's personnel file shall be considered confidential, subject to current <br />law, and shall not be released to any outside agency or person without the signed consent of the <br />employee. <br />ARTICLE 43 INJURY ON DUTY <br />43.01 An employee who suffers an injury or illness incurred during the course of and arising out of <br />employment with the City shall receive their regular straight time earnings for a period not to exceed <br />seven (7) calendar days following the initial date of injury. Any such time paid by the City shall not <br />be chargeable to accrued sick leave provided that the employee has reported the injury and sought <br />treatment in accordance with the City's injury reporting procedures. <br />34 <br />