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afforded the right to have an attorney present at any and all interrogation sessions related to the <br />specific incident. <br />ARTICLE 37 <br />PERSONNEL FILES <br />37.01 The personnel files for all employees shall be maintained by the Human Resources Director <br />for the City of Lakewood. <br />37.02 All full-time employees of the bargaining unit shall have the right to examine their own <br />personnel file (excluding all information related to their probationary period and pre -employment <br />screening). Employees will be required to remain in the Human Resources Department with a <br />member of the Human Resources staff while reviewing their file. Under no circumstances will an <br />employee be allowed to remove a file from the Department of Human Resources. <br />37.03 An employee may not alter any documents in their file but may place written clarification, <br />explanation or rebuttal to any of its' contents which may be of a negative nature by submitting <br />same, through channels, to the Human Resources Director. <br />37.04 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 primary file. <br />ARTICLE 38 <br />CONFLICT WITH LAW AND SEPARABILITY <br />38.01 The parties intend this Agreement to supersede and replace any state and local laws on the <br />subjects covered by this Agreement. Where this Agreement makes no specification about a matter, <br />the provisions of applicable law shall prevail. If, by operation of law or by a court of competent <br />jurisdiction, it is found that any provision shall be of no further force and effect, the remainder of <br />the Agreement shall remain in full force and effect for the Agreement term. <br />38.02 If it is determined by a court of final jurisdiction that any provision of this Agreement is in <br />conflict with the law, that provision shall be null and void and shall not affect the validity of the <br />remaining articles of this Agreement. <br />38.03 In the event of an unlawful determination of a section or article of this Agreement, that <br />section or article shall be reopened, and the City and Union shall meet within thirty (30) days to <br />negotiate a lawful alternative provision. If the parties cannot resolve the issue among themselves <br />within thirty (30) days of the first meeting, the parties shall submit the issue to arbitration pursuant <br />to the terms of Article 10, Paragraph I0.04. <br />ARTICLE 39 <br />TRAINING ASSIGNMENT <br />24 <br />