Common use of DISTRICT RIGHTS Clause in Contracts

DISTRICT RIGHTS. 4.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, assign, evaluate, promote, layoff, terminate and discipline employees. 4.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It 5.1 This Article assures that the District retains all rights and powers it has not agreed to limit in other Articles of this Agreement. This Article is not intended, nor shall it be construed, to waive or otherwise diminish the rights of the Association or of unit members or the District as set forth in other Articles of this Agreement. The exercise of the following rights and authority by the District, the adoption of policies and practices in furtherance thereof, and the use of discretion in connection therewith, shall be limited only by the express terms of this Agreement, and then only to the extent such express terms are in conformance with the law. If there is a conflict between the retained rights of this Article and the rights of unit members or the Association as set forth in some other Article of this Agreement, the language of the latter shall prevail. 5.2 Subject to the foregoing qualifications, it is understood and agreed that all matters not enumerated in the District retains all Government Code Section 3543.2 and not limited by the terms of its powers and authority to direct, manage and control other Articles of this Agreement are reserved to the full extent of the lawDistrict. Included in, but not limited to, to those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service services to be provided, provided and the methods and means of providing them; establish its educational policies, goals goals, objectives and objectivesprograms, including those relating to curriculum, course content, textbook selection, equipment and supplies, admissions, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, pupil conduct and discipline, transportation, food services, racial and ethnic balance, extra-curricular and co-curricular activities and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public with respect to such matters; insure the rights and educational opportunities of students; determine staffing patterns; patterns and class sizes, determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculumcurriculum and the kinds, types and amounts of supporting services; build, move move, modify or modify remove facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education work; and Government Codes; declare and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, classify, assign, transfer, evaluate, promote, layoffterminate, terminate and discipline employees. 4.2 The exercise 5.3 Any violation, misapplication or misinterpretation of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only Agreement that may follow from the declaration of an emergency may be subject to the extent such specific and express terms are in conformance with lawGrievance Procedure, Article XV. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 5.4 Any dispute arising out of of, or in any way connected with either the existence of of, or the exercise of any of the above described rights of the District set forth hereinabove, or any of the rights of the District not limited by other provisions of this Agreement, or arising out of the exercise of any such rights, is not subject to the grievance and arbitration provisions set forth of Article XV,1 unless the grievance in question is an allegation that the District has violated a provision of some Article of this Agreement unless such dispute whose violation is otherwise grievable under another Article of subject to the Agreementgrievance and arbitration process.

DISTRICT RIGHTS. 4.1 12.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employeesunit members; determine the times and hours hour of operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; , lawfully contract out work as legally allowed under the Education and Government Codeswork; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, classify, assign, transfer, evaluate, promote, layoffterminate, terminate and discipline employees. 4.2 12.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, policies rules regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. Nothing contained herein shall exempt the District from its responsibility of meeting with the Union in matters within scope of negotiations except as precluded by Article 12.3 and/or Article 20 of this agreement. 4.3 12.3 The District retains its right to amend, amend modify or suspend rescind policies and practices covered referred to in this Agreement in cases of emergency. An emergency circumstances. Examples is defined as an Act of emergency God, such as fire, earthquake, flood or other natural disaster, or other unforeseen non-financial circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for that have a significant impact on the duration operation of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspendeddistrict. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 7.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage manage, and control its operations to the full extent of the lawlaw except as specified in other provisions of this Agreement. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operationoperation including instructional times; determine the kinds and levels of service services to be provided, provided and the methods and means of providing them; establish its educational policies, goals and objectivesobjectives within the scope of Assembly Xxxx 1725; insure ensure the rights and educational opportunities of students; determine staffing patterns; direct the work of its employees; determine faculty assignments; determine office assignments; determine the number and kinds of all personnel requiredand select them; maintain the efficiency of the District operation; determine approve the curriculumcurriculum within the scope of Assembly Xxxx 1725; cancel classes when necessary; build, move move, or modify facilities; establish budget procedures and determine budgetary allocation; and determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the The District also retains the right to hire, classify, assign, transfer, evaluate, promote, layoff, terminate terminate, and discipline employees. The District reserves the right to make interim faculty appointments for new and/or vacant positions at any time, and also the right to make regular appointments in shorter than normal time frames in unusual circumstances. 4.2 7.2 The exercise of the foregoing these powers, rights, authority, duties duties, and responsibilities by the DistrictBoard, the adoption of policies, rules, regulations regulations, and practices in furtherance thereofof, and the use of judgment and discretion in connection therewith, shall be limited only by state and federal law, and the specific and express terms of this Agreement. This article shall not constitute a waiver of any right of the Federation or the Faculty Senate under the EERA or AB 1725, and then only to the extent such specific and express terms are in conformance with lawrespectively. 4.3 The 7.3 In the event of a lawful emergency, the District retains its the right to temporarily amend, modify modify, or suspend rescind policies and practices covered referred to in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of natureAgreement. Such changes, if any, will remain in effect suspension shall continue only for the duration of the emergencyemergency and only while such temporary suspension continues to be necessary. All grievance time lines expressly set forth For the purposes of this Section, an emergency shall be one declared by national, state, or local government or a natural disaster such as earthquake, fire or flood. The District agrees that, in regard to a declared emergency and decisions made therein, the Agreement will be held in abeyance while Federation shall have the contract is suspended. 4.4 The exercise of any right reserved to subject such declaration and decisions made therein to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver provisions of the District's right grievance procedure when such declaration or preclude decisions violate the District from exercising their rights. 4.5 Any dispute arising out provisions of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 7.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of in conformance with the law. Included in, but not limited to, in those duties and powers are the exclusive right to: determine its organization; , direct the work of its employees; determine the times and hours of operation; determine the kinds type and levels level of service to be provided, provided and the methods method and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds type of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocationallocations; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, assign, classify, evaluate, promote, layoff, terminate and discipline employees. An emergency, as referred to herein, shall be considered as a momentous, tragic, sudden event which disrupts the operation of the District. In the event the District declares an emergency exists and such action required by an emergency situation impinges on the rights of the CSEA or its bargaining unit members as stated in this Agreement, such action will be restricted to the period in which the emergency exists. The declaration of an emergency shall not be restricted by Section 7.2 of this article. 4.2 7.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with the law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 7.3 The exercise of any right reserved to the District herein in a particular manner or the non- non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rightsthe right in a different manner at a different time. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full fullest extent of the law. Included in, in but not limited to, to those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of its operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under in accordance with past xxxxxxxx0 and within the Education and Government Codeslaw; and take action on any matter in the event of an emergency. In addition, the District Board retains the right to hire, classify, assign, reassign, transfer, evaluate, promote, layoffterminate, terminate and discipline employees. 4.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, or any other written agreement reached between the Association and the Board, and then only to the extent such specific and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend rescind policies and practices covered referred to in this Agreement in emergency circumstancescases of emergency. Examples Emergency shall be defined as an actual or threatened natural disaster, national emergency, act of emergency circumstances are physical catastrophe God, epidemic, or concerted activity, as contemplated in Article 19. 1 Past practice includes utilization of police officers or security services at extracurricular events, utilization of certificated employees for supervision, including both administrators and acts unit members, and from time to time supplementary security and supervision from other classified employees both at extracurricular events and during the school day. It also includes use of naturecertificated unit members on a shared basis for supervision during the school day. Such changes, if any, will remain in effect only for the duration Service at extracurricular events has been voluntary and not part of the emergencyrequired work of campus supervisors. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District It is not subject our intent to utilize other classified employees during the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreementday when campus supervisors are available.

DISTRICT RIGHTS. 4.1 7.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage manage, and control its operations to the full extent of the lawlaw except as specified in other provisions of this Agreement. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operationoperation including instructional times; determine the kinds and levels of service services to be provided, provided and the methods and means of providing them; establish its educational policies, goals and objectivesobjectives within the scope of Assembly Bill 1725; insure ensure the rights and educational opportunities of students; determine staffing patterns; direct the work of its employees; determine faculty assignments; determine office assignments; determine the number and kinds of all personnel requiredand select them; maintain the efficiency of the District operation; determine approve the curriculumcurriculum within the scope of Assembly Bill 1725; cancel classes when necessary; build, move move, or modify facilities; establish budget procedures and determine budgetary allocation; and determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the The District also retains the right to hire, classify, assign, transfer, evaluate, promote, layoff, terminate terminate, and discipline employees. The District reserves the right to make interim faculty appointments for new and/or vacant positions at any time, and also the right to make regular appointments in shorter than normal time frames in unusual circumstances. 4.2 7.2 The exercise of the foregoing these powers, rights, authority, duties duties, and responsibilities by the DistrictBoard, the adoption of policies, rules, regulations regulations, and practices in furtherance thereofof, and the use of judgment and discretion in connection therewith, shall be limited only by state and federal law, and the specific and express terms of this Agreement. This article shall not constitute a waiver of any right of the Federation or the Faculty Senate under the EERA or AB 1725, and then only to the extent such specific and express terms are in conformance with lawrespectively. 4.3 The 7.3 In the event of a lawful emergency, the District retains its the right to temporarily amend, modify modify, or suspend rescind policies and practices covered referred to in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of natureAgreement. Such changes, if any, will remain in effect suspension shall continue only for the duration of the emergencyemergency and only while such temporary suspension continues to be necessary. All grievance time lines expressly set forth For the purposes of this Section, an emergency shall be one declared by national, state, or local government or a natural disaster such as earthquake, fire or flood. The District agrees that, in regard to a declared emergency and decisions made therein, the Agreement will be held in abeyance while Federation shall have the contract is suspended. 4.4 The exercise of any right reserved to subject such declaration and decisions made therein to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver provisions of the District's right grievance procedure when such declaration or preclude decisions violate the District from exercising their rights. 4.5 Any dispute arising out provisions of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 The exercise of the powers, rights, authority, duties and responsibilities by the District as set forth below, and the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in the connection therewith, shall be limited only by the specific and expressed terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service services to be provided, provided and the methods and means of providing them; establish its educational policies, goals and objectives; insure ensure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationdistrict operations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under to the Education extent lawfully allowed; hire, classify, assign, evaluate, promote, terminate, and Government Codesdiscipline employees consistent with its legal obligations and the terms of this Agreement; and take action on any matter in the event of an emergency. In addition, (An emergency is defined as any act of God or other unforeseen occurrence that has a significant impact on the District retains the right to hire, assign, evaluate, promote, layoff, terminate and discipline employees. 4.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities educational process that was not intentionally caused by the District.) In a matter which directly affects certificated staff (Bargaining unit members), the adoption of policiesthat staff which will be affected will be consulted for possible positive input, rulesi.e., regulations and practices in furtherance thereofhours, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 starting time. The District retains its right to amend, modify or suspend rescind policies and practices covered practice referred to in this Agreement in emergency circumstances. Examples cases of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to If the District herein in a particular manner determines that an emergency exists and it intends to modify or suspend any portion of this Agreement, it shall notify the non- exercise exclusive representative prior to declaring any emergency. The determination of any such right shall not an emergency may be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of procedure by the AgreementFederation.

DISTRICT RIGHTS. 4.1 8.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, in but not limited to, to those duties and powers are and the exclusive right to: determine its organization; direct the work of its employees; , determine the times and hours of operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move or and modify facilities; establish budget procedures and determine budgetary allocationallocations; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codeswork; and take action on any matter in the event of an emergency. In addition, the District Board retains the right to hire, classify, assign, transfer, evaluate, promote, layoff, terminate and discipline employees. 4.2 8.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreementthe contract, and then only to the extent such specific and express terms are in conformance with law. 4.3 8.3 The District retains its right to temporarily amend, modify or suspend policies rescind provisions and practices covered referred to herein in this Agreement in emergency circumstances. Examples cases of emergency circumstances are physical catastrophe emergency, and acts of nature. Such changes, if any, will remain in effect only for the duration of the said emergency. All grievance time lines expressly set forth in The District shall make a good faith effort to consult with the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved Association prior to the District herein in a particular manner declaration of an emergency as provided herein. The determination of whether or not an emergency exists is within the non- exercise discretion of any the Board, however such right discretion shall not be deemed exercised in a waiver manner that is arbitrary, capricious or discriminatory and said exercise may be subject to review by a court of competent jurisdiction at the option and initiation of the District's right or preclude the District from exercising their rightsAssociation. 4.5 8.4 Any dispute arising out of of, or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement Article 5, unless such the dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 9.1 It is understood and agreed that the District DISTRICT retains all of its powers and authority to direct, manage manage, and control to the full extent of the law. Included in, in but not limited to, to those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals goals, and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District DISTRICT operation; determine the curriculum; build, move move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codeswork; and take action on any matter in the event of an emergency. In addition, the District DISTRICT retains the right to hire, classify, assign, evaluate, promote, layoffsuspend, terminate terminate, and discipline employees. 4.2 9.2 The exercise of the foregoing powers, rights, authority, duties duties, and responsibilities by the DistrictDISTRICT, the adoption of policies, rules, regulations regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this AgreementAgreement and the law, and then only to the extent such specific and express terms are in conformance with law. 4.3 9.3 The District DISTRICT retains its right to amend, modify modify, or suspend rescind policies and practices covered referred to in this Agreement in cases of emergency. The determination of whether or not an emergency circumstances. Examples exists is solely within the discretion of emergency circumstances are physical catastrophe and acts of naturethe DISTRICT. Such changes, if any, determination will remain in effect be made by the DISTRICT only after having provided an opportunity for the duration of exclusive representative to consult on the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspendedmatter. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control all of the affairs of the District to the full extent of the law. Included in, but not limited to, those duties and powers are is the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure ensure the rights and educational opportunities of students; determine staffing patterns, including the right to cancel existing or shorten classes and discontinue programs and courses, except as limited by other provisions of this Agreement; determine the number and of kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codeswork; and take action on any matter in the event of an emergency. In addition, the District Board retains the right to hire, classify, assign, evaluate, promote, layoffterminate, terminate and discipline employees. 4.2 The exercise of the foregoing powers, rights, authority, duties duties, and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by law and the specific and express terms of this Agreement, Agreement and then only to the extent such specific and express terms are in conformance with law. District rights enumerated herein shall not be exercised inequitably, arbitrarily, or vindictively. 4.3 The District retains its reserves the right to amend, modify or suspend policies and practices covered in this Agreement in declare an emergency circumstances. Examples of emergency circumstances are when there is a clear threat to the physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration well-being of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver students, staff and/or property of the District's right or preclude . If the District from exercising their rights. 4.5 Any dispute arising out declares an emergency, the District shall notify, and consult the Federation where the District deems practicable. In such instances of or in emergency, the District may suspend any way connected with either the existence of or the exercise of any elements of the above described rights contract in order to protect students, staff and/or property. Such elements of the contract shall continue in suspension for as long as the emergency continues. The District is not subject shall have the right to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreementdeclare when an emergency no longer exists. The District’s determination shall be final.

DISTRICT RIGHTS. 4.1 It is understood and agreed recognized that the District retains all management of the District, the control of its powers properties, and authority to direct, manage the maintenance of order and control efficiency is solely a responsibility of the District. Other rights and responsibilities not abridged by this contract shall belong solely to the full extent District and are hereby recognized. Said rights shall include, by way of example and not by way of limitation, the law. Included in, but not limited to, those duties following: A. The right to decide the number and powers are the exclusive right to: determine its organization; direct the work locations of its employeesfacilities, departments and etc.; determine work to be performed within the times unit; the right to discontinue jobs; the maintenance and hours repairs; amount of supervision necessary; methods of operation; scheduling of hours, manpower and work sites; together with the full responsibility for the control of the selection, examination, review and evaluation of personnel, programs, operations and facilities; to determine when and where services will best facilitate the kinds District's operations. B. Further, it is recognized that the responsibility of management of the District for the selection and levels direction of service the working forces includes the right to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine decide the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; buildemployees, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, assignsuspend, evaluatediscipline or discharge; assign work within the unit; promote or transfer; the right to decide employee's qualifications; to determine the amount of overtime to be worked, promote, layoff, terminate if any; the right to make necessary rules and discipline employees. 4.2 The exercise regulations governing employee conduct and safety; and to relieve employees from duty because of the foregoing powers, rights, authority, duties and responsibilities by lack of work or other reasons; is vested exclusively in the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then subject only to the extent such specific and express terms are in conformance with lawprovisions of this Agreement as set forth herein. 4.3 C. The District retains District's failure to exercise any function or right hereby directly or indirectly reserved to it or its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any such function or right reserved to the District herein in a particular manner or the non- exercise of any such right way shall not be deemed a waiver of the District's right or a past practice, or preclude the District from exercising their rights. 4.5 Any dispute arising out the same in some other way at a later date which is not in conflict with the express provisions of or in any way connected with either this Agreement. The Union is not waiving the existence of or the exercise of any of the above described rights of right to make its views known to the District is not subject prior to the grievance provisions set forth time changes in management practices are made. The proceeding sentence does not require the District to negotiate management decisions, which are covered by this Agreement unless such dispute is otherwise grievable under another Article of the AgreementArticle.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the The District retains all of its rights, powers and authority vested in it by the laws and constitution of Michigan and the United States. All policies of the Board of Education on behalf of the District as stated in Board of Education Policies, Board of Education minutes, or as set forth in any manner whatsoever, or powers which heretofore have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Any additions thereto, subtractions there from or revisions thereof, as the same may be made by the Board from time to directtime, manage shall become and remain unaffected by this Agreement and in full force and effect unless changed by the Board. Not by way of limitation but by way of addition, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the rights set forth herein being manifestly recognized and intended to convey complete power in the Board shall nonetheless be limited but only as specifically limited by express provisions of this Agreement. Rights reserved exclusively herein by the District, which shall be exercised exclusively by the District without prior negotiations with the Union either as to the taking of action under such rights or with respect to the impact of such action and shall include by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's business, the equipment, the operations and to direct the full extent working forces and affairs of the lawdistrict. 2. Included in, but not limited to, those duties Continue its rights and powers are the exclusive right to: determine its organization; direct the past practice of assignment and direction of work of all of its employees; personnel, determine the times and number of shifts, hours of operation; determine work, length of work year, starting and ending times, and scheduling of all the kinds and levels of service to be providedforegoing, and the methods and means of providing them; establish its educational policiesright to establish, goals and objectives; insure modify or change any work or business hours or days. 3. The right to direct the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; buildworking forces, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains including the right to hire, assignto evaluate and determine the criteria and procedures upon which employees are evaluated, evaluateto establish and amend job descriptions, promote, layoffsuspend and discharge employees, terminate transfer employees, assign work or extra duties to employees, determine the size of the work force and discipline to lay off employees. 4.2 The exercise 4. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work including the subcontracting thereof, the automation thereof or changes therein, the instruction of new and/or improved methods or changes therein. 5. Adopt and amend policies, rules and regulations. 6. Determine the qualifications of employees, including physical conditions. 7. Determine the location or relocation of its facilities and equipment, including the establishment or relocations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the foregoing powersmanagement organization, rightsits functions, authority, duties amount of supervision and responsibilities by table of organization. 11. Determine the Districtpolicy affecting the selection, testing or training of employees. At the adoption discretion of policiesthe supervisor, rules, regulations and practices in furtherance thereofdistrict training sessions shall take place before the start of the school year or during in-service days. A minimum of seven (7) calendar days notice will be given during the school year for required training, and a minimum of fourteen (14) calendar days notice will be given for required training during the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with lawsummer. 4.3 The District retains its right to amend12. An Emergency Financial Manager appointed by law may reject, modify or suspend policies and practices covered in terminate this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspendedas provided by law. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the The District retains all of its rights, powers and authority vested in it by the laws and constitution of Michigan and the United States. All policies of the Board of Education on behalf of the District as stated in Board of Education Policies, Board of Education minutes, or as set forth in any manner whatsoever, or powers which heretofore have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Any additions thereto, subtractions there from or revisions thereof, as the same may be made by the Board from time to directtime, manage shall become and remain unaffected by this Agreement and in full force and effect unless changed by the Board. Not by way of limitation but by way of addition, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the rights set forth herein being manifestly recognized and intended to convey complete power in the Board shall nonetheless be limited but only as specifically limited by express provisions of this Agreement. Rights reserved exclusively herein by the District, which shall be exercised exclusively by the District without prior negotiations with the Union either as to the taking of action under such rights or with respect to the impact of such action and shall include by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's business, the equipment, the operations and to direct the full extent working forces and affairs of the lawdistrict. 2. Included in, but not limited to, those duties Continue its rights and powers are the exclusive right to: determine its organization; direct the past practice of assignment and direction of work of all of its employees; personnel, determine the times and number of shifts, hours of operation; determine work, length of work year, starting and ending times, and scheduling of all the kinds and levels of service to be providedforegoing, and the methods and means of providing them; establish its educational policiesright to establish, goals and objectives; insure modify or change any work or business hours or days. 3. The right to direct the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; buildworking forces, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains including the right to hire, assignto evaluate and determine the criteria and procedures upon which employees are evaluated, evaluateto establish and amend job descriptions, promote, layoffsuspend and discharge employees, terminate transfer employees, assign work or extra duties to employees, determine the size of the work force and discipline to lay off employees. 4.2 The exercise 4. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work including the subcontracting thereof, the automation thereof or changes therein, the instruction of new and/or improved methods or changes therein. 5. Adopt and amend policies, rules and regulations. 6. Determine the qualifications of employees, including physical conditions. 7. Determine the location or relocation of its facilities and equipment, including the establishment or relocations of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the foregoing powersmanagement organization, rightsits functions, authority, duties amount of supervision and responsibilities by table of organization. 11. Determine the Districtpolicy affecting the selection, testing or training of employees. At the adoption discretion of policiesthe supervisor, rules, regulations and practices in furtherance thereofdistrict training sessions shall take place before the start of the school year or during in-service days. A minimum of seven (7) calendar days notice will be given during the school year for required training, and the use a minimum of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement fourteen (14) calendar days notice will be held in abeyance while given for required training during the contract is suspendedsummer. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 2.1 It is understood and agreed that the District retains all of its customary powers and authority to direct, manage and control the operations of the District to the full extent of the law. The exercise of the following powers, rights, authority, duties, and responsibilities by the District, the adoption of policies, rules and regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and expressed terms of this Agreement. Included in, in but not limited to, to those duties and powers are the exclusive right rights to: determine its organization; direct the work of its employees; determine the times time and hours of operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure ensure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education work; fix duties and Government Codesresponsibilities of employees; establish positions; hire; assign; evaluate; promote; terminate; discipline unit members; and take any temporary action on any matter as may be necessary to carry out its mission in the event of an emergency. In additionAn emergency is defined as a natural disaster, such as fire, flood, earthquake, or unforeseen serious circumstance for which the District retains the right to hire, assign, evaluate, promote, layoff, terminate and discipline employees.determines immediate action is necessary.‌ 4.2 2.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of rights under this Agreement, and then only to the extent such specific and express terms Article are in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance procedures of the Agreement, except that the duration of any modification or termination of provisions set forth contained in this Agreement unless such dispute is otherwise grievable by the District necessitated by an emergency declared under another Article Section 2.1 above, may be grieved by the Union.‌ 2.3 The appropriate Vice President or designee and Vice President of Human Resources shall meet with the Agreement.Union in order to exchange views and concerns and give good faith consideration to the Union’s position prior to contracting out bargaining unit work not previously contracted out by the District.‌

DISTRICT RIGHTS. 4.1 It 19.1 This Article is intended to insure that the District retains all rights and powers which it has not agreed to limit in other Articles of this Agreement; this Article is not intended, nor shall it be construed as: (1) expanding the rights of the District beyond statutory and constitutional limits; (2) waiving the rights of individual unit members under the Education Code or other statutes or constitutions; or (3) waiving or otherwise diminishing the rights of the Association or of unit members as set forth in other Articles of this Agreement. If there is a direct conflict between the retained rights of this Article and the rights of unit members or of the Association as set forth in some other Article of this Agreement, the language of the Agreement shall prevail. Also, it is recognized that some of the following matters fall within the exclusive representative’s right to consult as set forth in the Government Code Section 3543.2(a), and this Article is not intended to limit those consultation rights, but rather to indicate that the final decision on “consult issues” lies with the District. Subject to the foregoing qualifications, it is understood and agreed that the District retains shall retain its rights and responsibilities as defined by the state and federal statutes. The District shall accomplish the full exercise of all of its powers such rights and authority to direct, manage responsibilities unless and control except such rights and responsibilities are limited by statute and/or by this Agreement. With respect to the full extent of bargaining unit work and the law. Included inunit members represented by CUTA, such District retained rights include but are not limited to, those duties and powers are to the exclusive right to: determine its organization; direct the work of its employees; determine the times time and hours of operationoperations; determine the kinds and levels of service services to be provided, and the methods method and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationdistrict operations; determine the curriculum; build, move move, or modify facilities; establish budget procedures and determine budgetary allocationallocations; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In emergency and engage in the exercise of further unspecified rights necessary to discharge management’s responsibility provided, however, that such unspecified rights shall not conflict with the specific and expressed terms of this Agreement and/or law; and in addition, the District retains the right rights to hire, assign, reassign, evaluate, promoteand terminate employees, layoff, terminate and discipline employeesto determine the effects and impact of any action implementing these rights. 4.2 19.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express expressed terms of this Agreement, Agreement and then only to the extent such specific and express terms are in conformance with lawapplicable statutes. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right 19.3 This Article shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another terms and conditions of Article of the Agreement.14 –

DISTRICT RIGHTS. 4.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full fullest extent of the law. Included in, in but not limited to, to those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codesdefined in Public Contract Code Section 20655; and take action on any matter in the event of an emergency. In addition, the District Board retains the right to hire, classify, assign, evaluate, promote, layoffterminate, terminate and discipline employees. 4.2 . The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 . The District retains its right to amend, modify or suspend policies and practices covered referred to in this Agreement in emergency circumstances. Examples cases of emergency circumstances are physical catastrophe and acts of natureas provided in Public Contract Code Section 20654. Such changesAny amendment, if any, will remain in effect only modification or suspension shall be for a period not longer than the duration period of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full fullest extent of the law. Included in, in but not limited to, to those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of its operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codeswork; and take action on any matter in the event of an emergency. In addition, the District Board retains the right to hire, classify, assign, reassign, transfer, evaluate, promote, layoffterminate, terminate and discipline employees. 4.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, or any other written agreement reached between the Federation and the Board, and then only to the extent such specific and express terms are in conformance conform with law. 4.3 The District retains its right to amend, modify or suspend rescind policies and practices covered referred to in this Agreement in emergency circumstances. Examples cases of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth Emergency shall be defined as an actual or threatened natural disaster, national emergency, act of God, epidemic, or concerted activity, as contemplated in the Agreement will be held in abeyance while the contract is suspendedArticle 19. 4.4 The exercise of any right reserved to District will follow the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver requirements of the District's right or preclude applicable Public Employment Relations Board cases on subcontracting should it wish in the District from exercising their rightsfuture to contract out unit services, including but not limited to painting services. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 A. It is understood and agreed that the District retains all of its powers and authority to direct, manage and control its operations to the full extent of the law. law except as specified in other provisions of this Agreement. B. Included in, in but not limited to, to those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine Determine the times and hours of operation; operation including instructional time, determine the kinds and levels of service services to be provided, and the methods and means of providing them; , establish its educational policies, goals and objectives; , insure the rights and educational opportunities of students; , determine staffing patterns, determine job descriptions, determine classifications and reclassifications; determine the number and kinds of personnel required; , maintain the efficiency of District operation; determine the operations, review and approve curriculum; , build, move move, or modify facilities; , establish budget procedures and determine budgetary allocation; , determine the methods of raising revenue; , and contract out work to non-employees or employees outside of the bargaining unit as legally allowed under long as such contracting out does not require the Education and Government Codes; and take action on layoff of permanent full-time bargaining unit members or the violation of any matter other Article in the event of an emergencythis Agreement. In addition, the District The Board also retains the right to hire, assignclassify, evaluate, promote, layofflay off, terminate terminate, and discipline employeesemployees in accordance with applicable law. In addition, the Board retains the right to determine the impacts and effects of any action taken under this Article, or other provisions of this Agreement, except as specified in this Agreement. This Article shall not be interpreted as a prohibition against the Association to provide input on any such matter. 4.2 C. The exercise of the foregoing these powers, rights, authority, duties duties, and responsibilities by the DistrictBoard, the adoption of policies, rules, regulations regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with lawthe laws of the State of California. 4.3 D. The District retains its right to amend, modify or may suspend policies and practices covered temporarily any provision in this Agreement in emergency circumstances. Examples case of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergencyan emergency only. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspendedAn emergency shall include national, state or local declared emergencies and natural disasters such as earthquake, fire or flood. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the The District retains all of its rights, powers and authority vested in it by the laws and constitution of Michigan and the United States. All policies of the Board of Education on behalf of the District as stated in Board of Education Policies, Board of Education minutes, or as set forth in any manner whatsoever, or powers which heretofore have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Any additions thereto, subtractions therefrom or revisions thereof, as the same may be made by the Board from time to directtime, manage shall become and remain unaffected by this Agreement and in full force and effect unless changed by the Board. Not by way of limitation but by way of addition, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the foregoing including the establishment of policy being manifestly recognized and intended to convey complete power in the Board shall nonetheless be limited but only as specifically limited by express provisions of this Agreement and under Act 379 of the Michigan Public Acts of 1965. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's business, the equipment, the operations and to direct the full extent working forces. 2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the law. Included innumber of shifts and hours of work and starting times and scheduling of all the foregoing, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work in conflict with specific provisions of its employees; determine the times and hours of operation; determine the kinds and levels of service to be providedthis Agreement, and the methods and means right to establish, modify or change any work or business hours of providing them; establish its educational policiesdays. 3. The right to direct the working forces, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains including the right to hire, assign, evaluate, promote, layoffsuspend and discharge employees, terminate transfer employees, assign work to employees, determine the size of the work force and discipline to lay off employees. 4.2 The exercise 4. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein. 5. Adopt reasonable rules and regulations. 6. Determine the qualifications of employees. 7. Determine the location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the foregoing powersmanagement organization, rightsits functions, authority, duties amount of supervision and responsibilities by table of organization provided that the District, the adoption of policies, rules, regulations and practices Employer shall not abridge any rights from employees as specifically provided for in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, law including but not limited to, those duties and powers are to the exclusive right to: determine its organization; direct to determine: 4.1 The financial structure of the work District, including sources of its employees; determine income, taxes and debt, investment policies, fiscal and budget control policies and procedures, budgetary allocations, and expenditures apart from those expressly allocated to fund the times wages, benefits or other obligations of this Agreement. 4.2 The acquisition, disposition, and utilization of all District properties. 4.3 All services to be rendered to the public including types and numbers of personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services, the lawful subcontracting of services to be rendered and functions to be performed. 4.4 The utilization of personnel not covered by this Agreement, including substitutes, provisional personnel, consultants and supervisory or managerial personnel and the methods of selection and assignment and compensation of such personnel. 4.5 The right to select, classify, assign, direct, promote, compensate, allocate new duties, demote, lay off, discipline, and dismiss all personnel of the District except as set forth in this Agreement. 4.6 The dates, times, and hours of operation; determine operation of District facilities and activities. 4.7 The safety and security measures for students, the kinds public, properties, facilities, vehicles, materials, supplies and levels of service to be providedequipment. 4.8 The rules, regulations and policies for students and the methods and means public. It is not the intention of providing them; establish its educational policiesthe parties, goals and objectives; insure in setting forth the above mentioned rights of management, to detract or diminish in any way the rights of Hermosa Beach Educators’ Association or of unit employees as expressly set forth elsewhere in this Agreement. It is the parties’ intention that the clear and educational opportunities explicit provisions of studentsthe other articles of this Agreement constitute the only contractual limitation upon the District’s rights. The failure of the District to exercise any right reserved to it shall not be deemed a waiver of such rights. The District retains its rights to amend, modify, or rescind policies and practices referred to in this Agreement in cases of emergency; determine staffing patterns; determine limited however to the number and kinds actual duration of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, The determination of whether or not an emergency exists is solely within the discretion of the District retains and is expressly excluded from the right to hireprovisions of Article 6, assign, evaluate, promote, layoff, terminate and discipline employeesentitled “Grievance/Arbitration Procedure. 4.2 ” The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, thereof and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the 1. The District retains and reserves unto itself all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, assign, evaluate, promote, layoff, terminate and discipline employees. 4.2 The exercise of the foregoing powers, rights, authority, duties duties, and responsibilities conferred upon and vested in it by the laws and constitution of the State of New Mexico, the Public Employee Bargaining Act, and District Policies except as specifically limited, abridged, or relinquished by the terms and provisions of this Agreement. The District shall also have specific management rights, including but not limited to the following: i) The District shall retain all rights in accordance with applicable Federal and State laws and District Policies; ii) To determine the mission of the District and its departments; iii) To set standards for academic performance and evaluation; iv) To direct employees of the District and conduct evaluation and judgment of an employee's skill, ability, efficiency, and general performance; v) To hire, transfer, assign, and retain employees in positions within the district; and to suspend, discharge, demote, terminate or take other disciplinary action against an employee; in instances of discharge or termination of employees with three consecutive years of service in the District, the State Personnel Act Procedures will prevail. vi) To maintain the efficiency of the operations; vii) To determine the methods, means, and personnel by which such District operations are to be conducted; and viii) To take such other actions, including but not limited to subcontracting work or utilizing management personnel to complete bargaining unit work, as may be necessary to fulfill or otherwise to carry out the functions and responsibilities of the District as imposed by law and further, to provide uninterrupted services and instruction to its students and citizens in situations of emergency. Subcontracting, when used by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be for the purpose of supplementing rather than replacing bargaining unit employee work. 2. The District shall have the right to make such reasonable rules and regulations, not otherwise abridged or limited only by the specific and express terms of this Agreement, and then only to respecting the extent such specific and express terms are conduct of employees as may, in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right sole discretion, be deemed necessary or preclude the District from exercising their rights. 4.5 Any dispute arising out appropriate for maintaining order, safety, and/or efficiency of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not its operations, subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article requirement that the District shall bargain with the Union over the impact of the Agreementprofessional and instructional decisions it makes.

DISTRICT RIGHTS. 4.1 A. It is understood and agreed that the District retains all of its powers and authority to direct, manage and control its operations to the full extent of the law. law except as specified in other provisions of this Agreement. B. Included in, in but not limited to, to those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine Determine the times and hours of operation; operation including instructional time, determine the kinds and levels of service services to be provided, and the methods and means of providing them; , establish its educational policies, goals and objectives; , insure the rights and educational opportunities of students; , determine staffing patterns, determine job descriptions, determine classifications and reclassifications; determine the number and kinds of personnel required; , maintain the efficiency of District operation; determine the operations, review and approve curriculum; , build, move move, or modify facilities; , establish budget procedures and determine budgetary allocation; , determine the methods of raising revenue; , and contract out work to non- employees or employees outside of the bargaining unit as legally allowed under long as such contracting out does not require the Education and Government Codes; and take action on layoff of permanent full-time bargaining unit members or the violation of any matter other Article in the event of an emergencythis Agreement. In addition, the District The Board also retains the right to hire, assignclassify, evaluate, promote, layofflay off, terminate terminate, and discipline employeesemployees in accordance with applicable law. In addition, the Board retains the right to determine the impacts and effects of any action taken under this Article, or other provisions of this Agreement, except as specified in this Agreement. This Article shall not be interpreted as a prohibition against the Association to provide input on any such matter. 4.2 C. The exercise of the foregoing these powers, rights, authority, duties duties, and responsibilities by the DistrictBoard, the adoption of policies, rules, regulations regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with lawthe laws of the State of California. 4.3 D. The District retains its right to amend, modify or may suspend policies and practices covered temporarily any provision in this Agreement in emergency circumstances. Examples case of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergencyan emergency only. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspendedAn emergency shall include national, state or local declared emergencies and natural disasters such as earthquake, fire or flood. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 ‌ 2.1 It is understood and agreed that the District retains all of its customary powers and authority to direct, manage and control the operations of the District to the full extent of the law. The exercise of the following powers, rights, authority, duties, and responsibilities by the District, the adoption of policies, rules and regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and expressed terms of this Agreement. Included in, in but not limited to, to those duties and powers are the exclusive right rights to: determine its organization; direct the work of its employees; determine the times time and hours of operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure ensure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education work; fix duties and Government Codesresponsibilities of employees; establish positions; hire; assign; evaluate; promote; terminate; discipline unit members; and take any temporary action on any matter as may be necessary to carry out its mission in the event of an emergency. In additionAn emergency is defined as a natural disaster, such as fire, flood, earthquake, or unforeseen serious circumstance for which the District retains the right to hire, assign, evaluate, promote, layoff, terminate and discipline employeesdetermines immediate action is necessary. 4.2 2.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of ’s rights under this Agreement, and then only to the extent such specific and express terms Article are in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance procedures of the Agreement, except that the duration of any modification or termination of provisions set forth contained in this Agreement unless such dispute is otherwise grievable by the District necessitated by an emergency declared under another Article of Section 2.1 above, may be grieved by the Union. No reprisal(s) will be taken against any District officer or employee who legally exercises rights guaranteed by this Agreement. 2.3 The appropriate Vice President or designee and Vice President of Human Resources shall meet with the Union in order to exchange views and concerns and give good faith consideration to the Union’s position prior to contracting out bargaining unit work not previously contracted out by the District.

DISTRICT RIGHTS. 4.1 It 2.1 There is understood and agreed that reserved exclusively to the District retains all of its powers responsibilities, powers, rights and authority to directvested exclusively in it or implied by the laws and Constitution of California and the United States or common law functions and prerogatives which have been heretofore exercised by it. 2.2 By way of illustration and without limiting or abridging the generality or specificity of the above right, the following pertains: a. To manage and control administer the school system, its properties and facilities and to direct its employees, administrators, and other employees in the full extent execution of their duties. To make such operation changes as deemed advisable for efficient, effective operation of the law. Included inDistrict, but not limited to, those duties and powers are including the exclusive right to: to determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and , staff levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; services. b. To determine the number work and kinds of personnel requiredposition requirements, applicant and employee qualifications; maintain the efficiency of District operationto supervise all programs; to determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine conditions for the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In additioncontinued employment, the District retains the right standards of performance required and whether work shall be performed by employees; to hire, terminate, layoff, classify, assign, evaluate, discipline employees; to assign duties, responsibilities and the place of work of employees; and to promote, layoff, terminate reassign and discipline transfer any such employees. 4.2 c. To develop and control the annual budget for the District and to submit to its electorate such propositions for authority to borrow monies or to levy such taxes, as it may deem necessary, and to exercise full control over the financial affairs of the District. 2.3 This entire Article is intended to clarify management's rights in the operation of the District except where it has agreed expressly and in specific terms to limit or restrict those rights by a specific provision of this Agreement. 2.4 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with the law. 4.3 2.5 The District retains its right to amend, modify or suspend policies and practices covered rescind provisions referred to in this Agreement in emergency circumstancescases of emergency. Examples Following the District’s amendment, modification, and/or rescission of emergency circumstances are physical catastrophe provisions in this agreement, the District will notify CSEA Chapter 71 President, and acts of nature. Such changes, if anyupon written request by CSEA, will remain in effect only for meet and address any negotiable effects. At the time of the amendment, modification, and/or rescission, the District will specify the duration of the emergency, which thereafter may be extended by the District after first consulting with CSEA. All grievance time lines expressly set forth in the Agreement will Emergencies shall be held in abeyance while the contract is suspended. 4.4 The exercise defined as: fire, flood, epidemic, impassable roads, other emergencies which would cause closing of schools, or because of any right reserved to civil officer of the District herein in a particular manner United States, of the state, or the non- exercise of any such right shall not be deemed county, city and county, or city authorized to close schools to meet an emergency created by war, or because of other extraordinary conditions, or because of inability to secure or hold an employee, or because of imminence of a waiver of major safety hazard as determined by the District's right local law enforcement agency, or preclude the District from exercising their rightsa strike involving transportation services to pupils provided by a non school entity. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It A. Nothing contained herein shall be considered to deny or restrict the District of its rights, responsibilities, and authority under the Michigan General School Laws or any other laws or regulations. B. Except as expressly abridged by the provisions of this Agreement, it is understood and agreed that all rights that ordinarily vest in and have been exercised by the District retains all shall continue to vest exclusively in and be exercised exclusively by the District. The Association agrees to adhere to the District’s decision in these matters, except as abridged in the Agreement. A complete copy of the current codified district of Education Policies will be provided the president of the Association for its files. Such District rights shall include by way of illustration and not by way of limitation, the right to: 1. Manage and control its business, equipment and operations; 2. Continue its rights, policies, and practices of assignment and direction of its powers personnel and authority to directscheduling; 3. Direct the working forces, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains including the right to hire, assignpromote, evaluate, promotediscipline, layofftransfer, terminate and discipline employees. 4.2 The exercise determine the size of the foregoing powerswork force; 4. Determine the services, rightssupplies, authorityand equipment necessary to continue its operation; 5. Adopt reasonable rules and regulations; 6. Determine job-related qualifications of employees; 7. Determine overall goals and objectives, duties as well as the policies affecting the educational programs; 8. Determine the number and responsibilities by location or relocation of its facilities, including the Districtestablishment or relocation of new schools, the adoption of policiesbuildings, rulesdepartments, regulations and practices in furtherance divisions, or subdivisions thereof, and the use relocation or closing of judgment offices, departments, divisions or subdivisions, buildings, or other facilities; 9. Determine the size of the management organization, its functions, authority, amount of supervision, and discretion in connection therewiththe Table of Organization; 10. Determine the financial policies, shall be limited only by the specific including all accounting procedures and express terms all matters pertaining to public relations. C. Notwithstanding any provision of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 The District retains its shall have the right to amend, modify or suspend policies and practices covered take whatever steps may be necessary in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for order to comply with the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspendedAmericans with Disabilities Act (ADA). 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 A. The Association recognizes and agrees that the rights of District management derive from the Constitution of the State of California and the Education Code and not from this agreement. All matters not specifically enumerated in this Agreement as rights of the exclusive representative are reserved to the public school employer. It is further understood that there are no provisions in this Agreement that shall be deemed to limit or curtail the Governing Board or its representatives in any way in the exercise of its power and agreed authorities. B. The Association recognizes and agrees that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, assign, evaluate, promote, layoff, terminate and discipline employees. 4.2 The exercise of the foregoing powersexpress and implied power, rights, authorityduties, duties and responsibilities by the DistrictBoard, e.g., the adoption of policies, rules, regulations regulations, and practices in furtherance thereofof these powers, and and, the use of judgment and discretion in connection therewith, therewith shall be limited only by the specific and express terms of this Agreement. C. The Association recognizes and agrees that the District’s powers, rights, authority, duties, and then only responsibilities include, but are not limited to, the exclusive right, after consultation if required by SB 160 or Title 5 or if deemed appropriate by the Board: to establish its educational policies, goals, and objectives; to ensure the rights and educational opportunities of students; to manage its work force, to direct, select, maintain, determine the work force; to maintain disciplines and efficiency of employees; to evaluate in accordance with negotiated procedures; to determine the qualifications of employees; to determine the extent such specific to which the facilities of the District shall be operated, the additions thereto, the removal of equipment, the outside purchase of products or services, the means of operations, the materials to be used, and express terms are in conformance with lawthe right to introduce new or improved methods and facilities, and to change or alter facilities; to regulate quality and quantity of services and to otherwise take actions necessary to run the entire operation efficiently. 4.3 D. The Association recognizes and agrees that the District retains its right rights to amend, modify or suspend policies and practices covered in this Agreement in case of emergency. The determination of an emergency circumstancesis solely within the discretion of the District and is expressly excluded from the provision of the Grievance Procedure. Examples Where an emergency is declared, District shall immediately notify the Association. The Association agrees it will abide by such emergency decisions of emergency circumstances are physical catastrophe the Board during the time of the declared emergency. The District and acts of nature. Such changesthe Association agree to meet and negotiate the effects, if any, will remain as soon as practicable thereafter. For purposes of this article, “emergency” is defined as an unforeseen combination of circumstances or the resulting state that calls for immediate action by the District. E. The specific provisions contained in effect only for the duration of the emergency. All grievance time lines expressly set forth this Agreement shall prevail over District policies, practices, and procedures; however, in the Agreement will absence of a specific statement of supersession on a specific provision, District policies, practices, and procedures shall continue to be held in abeyance while the contract is suspended. 4.4 The exercise of any a discretionary right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It 2.1 There is understood and agreed that reserved exclusively to the District retains all of its powers responsibilities, powers, rights and authority to directvested exclusively in it or implied by the laws and Constitution of California and the United States or common law functions and prerogatives which have been heretofore exercised by it. 2.2 By way of illustration and without limiting or abridging the generality or specificity of the above right, the following pertains: a. To manage and control administer the school system, its properties and facilities and to direct its employees, administrators, and other employees in the full extent execution of their duties. To make such operation changes as deemed advisable for efficient, effective operation of the law. Included inDistrict, but not limited to, those duties and powers are including the exclusive right to: to determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and , staff levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; services. b. To determine the number work and kinds of personnel requiredposition requirements, applicant and employee qualifications; maintain the efficiency of District operationto supervise all programs; to determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine conditions for the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In additioncontinued employment, the District retains the right standards of performance required and whether work shall be performed by employees; to hire, terminate, layoff, classify, assign, evaluate, discipline employees; to assign duties, responsibilities and the place of work of employees; and to promote, layoff, terminate reassign and discipline transfer any such employees. 4.2 c. To develop and control the annual budget for the District and to submit to its electorate such propositions for authority to borrow monies or to levy such taxes, as it may deem necessary, and to exercise full control over the financial affairs of the District. 2.3 This entire Article is intended to clarify management's rights in the operation of the District except where it has agreed expressly and in specific terms to limit or restrict those rights by a specific provision of this Agreement. 2.4 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with the law. 4.3 2.5 The District retains its right to amend, modify or suspend rescind policies and practices covered referred to in this Agreement in emergency circumstancescases of emergency. Examples Emergencies shall be defined as: fire, flood, epidemic, impassable roads, other emergencies which would cause closing of emergency circumstances are physical catastrophe and acts schools, or because of nature. Such changes, if any, will remain in effect only for the duration any civil officer of the emergency. All grievance time lines expressly set forth in United States, of the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise state, or of any right reserved county, city and county, or city authorized to close schools to meet an emergency created by war, or because of other extraordinary conditions, or because of inability to secure or hold an employee, or because of imminence of a major safety hazard as determined by the District herein in local law enforcement agency, or a particular manner or the non- exercise of any such right shall not be deemed strike involving transportation services to pupils provided by a waiver of the District's right or preclude the District from exercising their rightsnon school entity. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full fullest extent of the law. Included in, in but not limited to, to those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of its operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under in accordance with past xxxxxxxx0 and within the Education and Government Codeslaw; and take action on any matter in the event of an emergency. In addition, the District Board retains the right to hire, classify, assign, reassign, transfer, evaluate, promote, layoffterminate, terminate and discipline employees. 4.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, or any other written agreement reached between the Association and the Board, and then only to the extent such specific and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend rescind policies and practices covered referred to in this Agreement in emergency circumstances. Examples cases of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth Emergency shall be defined as an actual or threatened natural disaster, national emergency, act of God, epidemic, or concerted activity, as contemplated in the Agreement will be held in abeyance while the contract is suspendedArticle 19. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 2.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers powers, are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure ensure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel requiredrequired and how they are to be selected; maintain the efficiency of District operationoperations; determine the curriculum; build, move or modify facilitiesfacilities and make all room and office assignments; establish budget procedures and determine budgetary allocationallocations; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codeswork; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, classify, assign, evaluate, promote, layoffterminate, terminate and discipline employeesUnit Members as authorized by all applicable codes. All such matters, unless otherwise provided for in this agreement, are excluded from the grievance procedure. 4.2 2.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 The . Additionally, the District retains its the sole discretion and right to amenddetermine the impacts and effects of all matters outside the scope of representation as defined by the Educational Employment Relations Act (CA Government Code 3540 et seq.) 2.3 In cases of extreme emergency* necessitating closure of the college and/or suspension of classes, modify or suspend policies and practices covered in any provisions of this Agreement in agreement conflicting with the necessary emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only procedures shall be suspended for the duration of the emergency. All grievance time lines expressly set forth in The District shall, within *Extreme emergency shall mean sudden and unexpected calamities such as earthquake, fire, flood and other occurrences, which interfere with normal operation of the Agreement will be held in abeyance while the contract college. one (1) day or as soon as is suspendedphysically possible, meet with Union representatives and attempt to reach an agreement on which sections of this agreement are affected and for what duration. 4.4 The exercise 2.4 In cases of financial emergency, any right reserved provisions and terms of this agreement affected by reduction in funding to the District herein in a particular manner or shall be suspended and reopened for negotiation when the non- exercise of any such right shall District files public notice that current operating standards cannot be deemed a waiver met and stipulates the amount of the District's right or preclude the District from exercising their rightsreduced funds. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage manage, and control the affairs of the District to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals goals, and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codeswork; and take action on any matter in the event of an emergency. In addition, the District Board of Education retains the right to hire, classify, assign, evaluate, promote, layoffterminate, terminate and discipline employees. 1 [For purposes of information only, Government Code Section 3540.1, subdivision (m) reads as follows: “ ‘Supervisory employee’ means any employee, regardless of job description, having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to assign work to and direct them, or to adjust their grievances, or effectively recommend that action, if, in connection with the foregoing functions, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. 4.2 ”] The exercise of the foregoing powers, rights, authority, duties duties, and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, District shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It is understood and agreed that All policies of the Board of Education on behalf of the District retains as stated in Board of Education Policies, Board of Education minutes, or as set forth in any manner whatsoever, or powers which heretofore have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Any additions thereto, subtractions there from or revisions hereof, as the same may be made by the Board from time to time, shall become and remain unaffected by this Agreement and in full force and effect unless changed by the Board. Not by way of limitation, but by way of addition, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the foregoing, being manifestly recognized and intended to convey complete power in the Board, shall nonetheless be limited, but only as specifically limited by express provisions of this Agreement and under Act 379 of the Michigan Public Acts of 1965. Rights reserved exclusively herein by the District, which shall be exercised exclusively by the District without prior negotiations with the Union either as to the taking of action under such rights, or with respect to the consequence of such action during the term of this Agreement, shall include by way of illustration and not by way of limitation, the right to: (1) Manage and control the school's business, the equipment, the operations and to direct the working forces and affairs of the Employer; (2) Continue its rights and past practice of assignment and direction of work of all of its powers personnel, determine the number of shifts and authority to directhours of work, manage starting and control to the full extent ending times, length of the law. Included inwork year, and scheduling of all the foregoing, but not limited to, those duties and powers are in conflict with the exclusive right to: determine its organization; direct the work specific provisions of its employees; determine the times and hours of operation; determine the kinds and levels of service to be providedthis Agreement, and the methods and means of providing them; establish its educational policiesright to establish, goals and objectives; insure modify or change any work or business hours or days; (3) The right to direct the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; buildworking forces, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains including the right to hire, assign, evaluate, promote, layoffsuspend and discharge employees, terminate and discipline transfer employees. 4.2 The exercise , effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the foregoing powersworkforce and to lay-off employees; (4) Determine the services, rightssupplies and equipment necessary to continue its operations and to determine the methods, authority, duties schedules and responsibilities by the Districtstandards of operation, the adoption means, methods, and processes of policiescarrying on the work, rulesincluding automation thereof or changes therein, regulations the instruction of new and/or improved methods or changes therein; (5) Adopt reasonable rules and practices in furtherance regulations; (6) Determine the qualifications of employees, including physical conditions; (7) Determine the location or relocation of its facilities, including the establishment or relocations of new schools, buildings, departments, divisions or subdivisions thereof, and the use relocation or closing of judgment offices, departments, divisions or subdivisions, buildings or other facilities; (8) Determine the placement of operations, production, services, or distribution of work, and discretion the source of materials and supplies; (9) Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations; (10) Determine the size of the management organization, its functions, authority, amount of supervision and table of organization, provided that the Employer shall not abridge any rights from employees as specifically provided for in connection therewiththis Agreement; (11) Determine the policy affecting the selection, testing or training of employees, providing such selection shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with lawbased upon lawful criteria. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the The District retains all of its rights, powers and authority vested in it by the laws and constitution of Michigan and the United States. All policies of the Board of Education on behalf of the District as stated in Board of Education Policies, Board of Education minutes, or as set forth in any manner whatsoever, or powers which heretofore have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, unless and until changed by the Board. Any additions thereto, subtractions there from or revisions thereof, as the same may be made by the Board from time to directtime, manage shall become and remain unaffected by this Agreement and in full force and effect unless changed by the Board. Not by way of limitation but by way of addition, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the foregoing being manifestly recognized and intended to convey complete power in the Board shall nonetheless be limited but only as specifically limited by express provisions of this Agreement and under Act 379 of the Michigan Public Acts of 1965. Rights reserved exclusively herein by the District which shall be exercised exclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's business, the equipment, the operations and to direct the full extent working forces and affairs of the lawEmployer. 2. Included in, but not limited to, those duties Continue its rights of assignment and powers are the exclusive right to: determine its organization; direct the direction of work of all of its employees; personnel, determine the times number of shifts and hours of operation; determine work and starting times and scheduling of all the kinds and levels of service to be providedforegoing, and the methods and means of providing them; establish its educational policiesright to establish, goals and objectives; insure modify or change any work or business hours or days. 3. The right to direct the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; buildworking forces, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains including the right to hire, assign, evaluate, promote, layoffsuspend and discharge employees, terminate transfer employees, assign work or extra duties to employees, determine the size of the work force and discipline to lay off employees. 4.2 The exercise 4. Adopt reasonable rules and regulations that do not conflict with the provisions of the foregoing powerscollective bargaining agreement. 5. Determine the qualifications of employees. 6. Determine the location or relocation of its facilities, rightsincluding the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 7. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies. 8. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 9. Determine the size of the management organization, its functions, authority, duties amount of supervision and responsibilities by table of organization. 10. Determine the Districtpolicy affecting the selection, the adoption testing or training of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, employees providing such selection shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with lawbased upon lawful criteria. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 3.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage manage, and control to the full extent of the lawapplicable laws. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals goals, and objectives; insure ensure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codeswork; and take action on any matter in the event of an emergency. In addition, the District Board retains the right to hire, classify, assign, evaluate, promote, layoff, terminate and discipline employees. 4.2 3.2 The exercise of the foregoing powers, rights, authority, duties duties, and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewithof 3.3 The District shall, shall be limited only by when practicable, consult with the specific and express terms of this Agreement, and then only Association prior to the extent such specific declaration of an emergency and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this shall seek consensus on the need for suspension of the relevant provisions of the Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in When such a meeting is not possible prior to the Agreement will be held in abeyance while declaration of an emergency, the contract is suspendedDistrict shall consult with the Association as soon as possible. 4.4 The exercise 3.4 In the event an emergency has been determined by the Board, the Association shall have the right to negotiate remedies for any adverse affects upon the Association/unit member(s) caused by suspension of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance relevant provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement. The request to negotiate must be submitted in writing to the Superintendent within 30 days after the emergency has ceased.

DISTRICT RIGHTS. 4.1 A. The Association recognizes and agrees that the rights of District management derive from the Constitution of the State of California and the Education Code and not from this agreement. All matters not specifically enumerated in this Agreement as rights of the exclusive representative are reserved to the public school employer. It is further understood that there are no provisions in this Agreement that shall be deemed to limit or curtail the Governing Board or its representatives in any way in the exercise of its power and agreed authorities. B. The Association recognizes and agrees that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, assign, evaluate, promote, layoff, terminate and discipline employees. 4.2 The exercise of the foregoing powersexpress and implied power, rights, authorityduties, duties and responsibilities by the DistrictBoard, e.g., the adoption of policies, rules, regulations regulations, and practices in furtherance thereofof these powers, and and, the use of judgment and discretion in connection therewith, therewith shall be limited only by the specific and express terms of this Agreement. C. The Association recognizes and agrees that the District’s powers, rights, authority, duties, and then only responsibilities include, but are not limited to, the exclusive right, after consultation if required by SB 160 or Title 5 or if deemed appropriate by the Board: to establish its educational policies, goals, and objectives; to ensure the rights and educational opportunities of students; to manage its work force, to direct, select, maintain, determine the work force; to maintain disciplines and efficiency of employees; to evaluate in accordance with negotiated procedures; to determine the qualifications of employees; to determine the extent such specific to which the facilities of the District shall be operated, the additions thereto, the removal of equipment, the outside purchase of products or services, the means of operations, the materials to be used, and express terms are in conformance with lawthe right to introduce new or improved methods and facilities, and to change or alter facilities; to regulate quality and quantity of services and to otherwise take actions necessary to run the entire operation efficiently. 4.3 D. The Association recognizes and agrees that the District retains its right rights to amend, modify or suspend policies and practices covered in this Agreement in case of emergency. The determination of an emergency circumstancesis solely within the discretion of the District and is expressly excluded from the provision of the Grievance Procedure. Examples Where an emergency is declared, District shall immediately notify the Association. The Association agrees it will abide by such emergency decisions of emergency circumstances are physical catastrophe the Board during the time of the declared emergency. The District and acts of nature. Such changesthe Association agree to meet and negotiate the effects, if any, will remain as soon as practicable thereafter. For purposes of this article, “emergency” is defined as an unforeseen combination of circumstances or the resulting state that calls for immediate action by the District.. E. The specific provisions contained in effect only for the duration of the emergency. All grievance time lines expressly set forth this Agreement shall prevail over District policies, practices, and procedures; however, in the Agreement will absence of a specific statement of supersession on a specific provision, District policies, practices, and procedures shall continue to be held in abeyance while the contract is suspended. 4.4 The exercise of any a discretionary right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 A. It is understood and agreed that the District retains all of its powers and authority to direct, manage manage, and control to the full extent of the law. Included in, but not limited to, to those duties and powers powers, are the exclusive right to: determine its organization; direct the work of its employees; to determine the times time and hours of operation; determine the kinds and levels of service services to be provided, provided and the methods and means of providing them; establish its educational policies, goals goals, and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codeswork; and take action on any matter in the event of an emergency. An emergency is a natural or human catastrophe such as fire, earthquake, flood, or large scale student disturbance. In addition, the District retains the right to hire, classify, assign, evaluate, promote, layoffterminate, terminate and discipline employees. 4.2 B. The exercise of the foregoing powers, rights, authority, duties duties, and responsibilities by the District, ; the adoption of policies, rules, regulations regulations, and practices in furtherance thereof, ; and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance compliance with law. 4.3 C. The District retains its right to amend, modify modify, or suspend rescind policies and practices covered referred to in this Agreement in cases of emergency. The determination of whether or not an emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changesas defined above exists, if any, will remain in effect only for is solely within the duration discretion of the emergency. All grievance time lines District and is expressly set forth in excluded from the Agreement will be held in abeyance while provisions of the contract is suspendedGrievance Procedure. 4.4 The exercise of any right reserved to D. This article is not intended, nor shall it be construed as: 1. Expanding the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to beyond statutory and constitutional limits; 2. Waiving the grievance provisions rights of employees under the Education Code or other statutes or constitutions; or 3. Waiving or otherwise diminishing the rights of the Association or of employees, as set forth in other articles of this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. ‌ 4.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, assign, evaluate, promote, layoff, terminate and discipline employees. 4.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 3.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage manage, and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; : direct the work of its employees; determine the times and hours of operation; determine the kinds type and levels level of service to be provided, provided and the methods method and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds type of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocationallocations; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government CodesCodes (this shall not be construed as a CSEA waiver to any rights under the law); and and, take action on any matter in the event of an emergency. In addition, the District retains the right to hire, assign, classify, evaluate, promote, layoff, terminate and discipline employees. 4.2 3.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with the law. 4.3 3.3 The District retains its the right to amend, modify or suspend rescind policies and practices covered referred to in this Agreement in emergency circumstances. Examples circumstances arising from unforeseen events or an act of emergency circumstances are physical catastrophe and acts of natureGod. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 3.4 The exercise of any right reserved to the District herein in a particular manner or the non- non-exercise of any such right shall not be deemed a waiver of the District's ’s right or preclude the District from exercising their rightsthe right in a different manner at a different time. 4.5 3.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this the Agreement unless such dispute is otherwise grievable under another Article of the Agreement. This Section shall not apply to Section 3.3 of this Article thereby allowing the CSEA to file a group grievance in the event the District takes action pursuant to Sections 3.3.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the District retains all of its powers the customary and usual rights, powers, functions, and authority to direct, control and manage and control to discharge its obligations. Any of the rights, powers, or authority which the District had prior to the full extent execution of this Agreement are retained except as those rights, powers, and functions or authority which are specifically abridged or modified by this Agreement or by any supplement to this Agreement arrived at through the lawprocess of collective bargaining. Included inDistrict reserved duties and rights include, but may not be limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patternslawfully contract out work; determine the number and kinds kind of personnel required; maintain the efficiency of District operation; determine the curriculumoperations; build, move or modify buildings and facilities; establish budget procedures and funding priorities; determine budgetary allocationmethods of revenue; determine the methods times and hours of raising revenueoperation; contract out work as legally allowed under establish its educational policies, goals, and objectives; ensure the Education rights and Government Codeseducational policies, goals, and objectives; ensure the rights and educational opportunities of students; and take action on any matter in determine the event of an emergencycurriculum. In addition, the District retains and its designee retain the right to hire, assign, evaluate, promoteterminate, layoff, terminate and discipline employees. 4.2 The exercise Unit Members, except as limited by the Commission and/or this Agreement; and to modify or suspend this Agreement in case of emergency which shall be defined as an act of God, such as fire, flood, earthquake, or other natural disaster or unforeseen nonfinancial circumstances that have a significant impact on the operations of the foregoing powersDistrict. The declaration of emergency shall be a grievable matter. CONCERTED ACTIVITIES It is agreed and understood that there will be no strike, rightswork stoppage, authorityslowdown, duties picketing, or refusal or failure to perform job functions and responsibilities responsibilities, or other interference with the operations of the District by the DistrictUnion or its officers, agents, or members during the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms term of this Agreement, including compliance with the request of other labor organizations to engage in such activity. The Union recognizes its duty and then only obligation to comply with the extent such specific and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in provisions of this Agreement in emergency circumstancesand to make every effort toward inducing all Unit Members to do so. Examples In the event of emergency circumstances are physical catastrophe and acts of nature. Such changesa strike, if anywork stoppage, will remain in effect only for slowdown, or other interference with the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights operations of the District by Unit Members who are represented by the Union, the Union agrees in good faith to take all reasonable and affirmative steps to cause Unit Members to cease such action. SUPPORT OF AGREEMENT The District and the Union agree that it is to their mutual benefit to encourage the resolution of differences through the meet and confer, negotiations and/or grievance processes. Therefore, it is agreed that the District and the Union will support this Agreement and that the Union, for its term, will not appear before the Governing Board to seek change or improvement in any matter subject to the meet and confer, negotiations and/or grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article processes except by mutual agreement of the AgreementDistrict and the Union.

DISTRICT RIGHTS. 4.1 A. The Association recognizes and agrees that the rights of District management derive from the Constitution of the State of California and the Education Code and not from this Agreement. All matters not specifically enumerated in this Agreement as rights of the exclusive representative are reserved to the public school employer. It is further understood that there are no provisions in this Agreement that shall be deemed to limit or curtail the Governing Board or its representatives in any way in the exercise of its power and agreed authorities. B. The Association recognizes and agrees that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, assign, evaluate, promote, layoff, terminate and discipline employees. 4.2 The exercise of the foregoing powersexpress and implied power, rights, authorityduties, duties and responsibilities by the DistrictBoard, e.g., the adoption of policies, rules, regulations regulations, and practices in furtherance thereofof these powers, and and, the use of judgment and discretion in connection therewith, therewith shall be limited only by the specific and express terms of this Agreement. C. The Association recognizes and agrees that the District’s powers, rights, authority, duties, and then only responsibilities include, but are not limited to, the exclusive right, after consultation if required by SB 160 or Title 5 or if deemed appropriate by the Board: to establish its educational policies, goals, and objectives; to ensure the rights and educational opportunities of students; to manage its work force, to direct, select, maintain, determine the work force; to maintain disciplines and efficiency of employees; to evaluate in accordance with negotiated procedures; to determine the qualifications of employees; to determine the extent such specific to which the facilities of the District shall be operated, the additions thereto, the removal of equipment, the outside purchase of products or services, the means of operations, the materials to be used, and express terms are in conformance with lawthe right to introduce new or improved methods and facilities, and to change or alter facilities; to regulate quality and quantity of services and to otherwise take actions necessary to run the entire operation efficiently. 4.3 D. The Association recognizes and agrees that the District retains its right rights to amend, modify or suspend policies and practices covered in this Agreement in case of emergency. The determination of an emergency circumstancesis solely within the discretion of the District and is expressly excluded from the provision of the Grievance Procedure. Examples Where an emergency is declared, District shall immediately notify the Association. The Association agrees it will abide by such emergency decisions of emergency circumstances are physical catastrophe the Board during the time of the declared emergency. The District and acts of nature. Such changesthe Association agree to meet and negotiate the effects, if any, will remain as soon as practicable thereafter. For purposes of this article, “emergency” is defined as an unforeseen combination of circumstances or the resulting state that calls for immediate action by the District. E. The specific provisions contained in effect only for the duration of the emergency. All grievance time lines expressly set forth this Agreement shall prevail over District policies, practices, and procedures; however, in the Agreement will absence of a specific statement of supersession on a specific provision, District policies, practices, and procedures shall continue to be held in abeyance while the contract is suspended. 4.4 The exercise of any a discretionary right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 2.1 It is understood and agreed that the District DISTRICT retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those Those duties and powers include but are not limited to the exclusive right to: to determine its organization; direct the work of its employees; determine the times time and hours of operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing staff patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationDISTRICT operations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocationallocations; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codespermissible by law; and take action on any matter in the event of an emergency. In addition, the District DISTRICT retains the right to hire, classify, assign, evaluate, promote, layoffterminate, terminate and discipline employees. 4.2 2.2 The exercise of the foregoing powers, rights, authority, duties duties, and responsibilities by the District, DISTRICT; the adoption of policies, rules, regulations and practices in furtherance thereof, ; and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express expressed terms of this Agreement, and then only to the extent such specific in and/or education or other government code, state and express terms are in conformance with federal law. 4.3 2.3 The District DISTRICT retains its right to amend, modify or suspend rescind policies and practices covered referred to in this Agreement in cases of emergency. The determination of whether or not an emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for exists is solely within the duration discretion of the emergency. All grievance time lines DISTRICT and is expressly set forth in excluded from the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver provisions of the District's right or preclude Grievance Procedure. Emergency shall be defined as a sudden unexpected happening, and unforeseen combination of circumstances that calls for immediate action. The DISTRICT agrees to notify the District from exercising their rights. 4.5 Any dispute arising out ASSOCIATION in writing prior to any formal declaration of or in any way connected with either emergency, and shall define the existence of or the exercise of any provisions of the above described rights of agreement the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the AgreementDISTRICT may consider amending, modifying or rescinding.

DISTRICT RIGHTS. ‌ 4.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full fullest extent of the law. Included in, in but not limited to, to those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of its operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under in accordance with past xxxxxxxx0 and within the Education and Government Codeslaw; and take action on any matter in the event of an emergency. In addition, the District Board retains the right to hire, classify, assign, reassign, transfer, evaluate, promote, layoffterminate, terminate and discipline employees. 4.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, or any other written agreement reached between the Association and the Board, and then only to the extent such specific and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend rescind policies and practices covered referred to in this Agreement in emergency circumstances. Examples cases of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth Emergency shall be defined as an actual or threatened natural disaster, national emergency, act of God, epidemic, or concerted activity, as contemplated in the Agreement will be held in abeyance while the contract is suspendedArticle 19. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 2.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers powers, are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure ensure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel requiredrequired and how they are to be selected; maintain the efficiency of District operationoperations; determine the curriculum; build, move or modify facilitiesfacilities and make all room and office assignments; establish budget procedures and determine budgetary allocationallocations; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codeswork; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, classify, assign, evaluate, promote, layoffterminate, terminate and discipline employeesUnit Members as authorized by all applicable codes. All such matters, unless otherwise provided for in this agreement, are excluded from the grievance procedure. 4.2 2.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 The . Additionally, the District retains its the sole discretion and right to amenddetermine the impacts and effects of all matters outside the scope of representation as defined by the Educational Employment Relations Act (CA Government Code 3540 et seq.) 2.3 In cases of extreme emergency* necessitating closure of the college and/or suspension of classes, modify or suspend policies and practices covered in any provisions of this Agreement in agreement conflicting with the necessary emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only procedures shall be suspended for the duration of the emergency. All grievance time lines expressly set forth in The District shall, within one (1) day or as soon as is physically possible, meet with Union representatives and attempt to reach an agreement on which sections of this agreement are affected and for what duration. *Extreme emergency shall mean sudden and unexpected calamities such as earthquake, fire, flood and other occurrences, which interfere with normal operation of the Agreement will be held in abeyance while the contract is suspendedcollege. 4.4 The exercise 2.4 In cases of financial emergency, any right reserved provisions and terms of this agreement affected by reduction in funding to the District herein in a particular manner or shall be suspended and reopened for negotiation when the non- exercise of any such right shall District files public notice that current operating standards cannot be deemed a waiver met and stipulates the amount of the District's right or preclude the District from exercising their rightsreduced funds. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, assign, evaluate, promote, layoff, terminate and discipline employees.employees.‌ 4.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law.law.‌ 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended.suspended.‌ 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights.rights.‌ 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.Agreement.‌

DISTRICT RIGHTS. 4.1 It is understood and agreed that All policies of the Board of Education on behalf of the District retains as stated in Board of Education Policies, Board of Education minutes, or as set forth in any manner whatsoever, or powers which heretofore have been properly exercised by it, shall remain unaffected by this Agreement and in full force and effect, 'unless and until changed by the Board. Any additions thereto, subtractions therefrom or revisions hereof, as the same may be made by the Board from time to time, shall become and remain unaffected by this Agreement and in full force and effect unless changed by the Board. Not by way of limitation but by way of addition, the Board reserves unto itself all rights, powers and privileges inherent in it or conferred upon it from any source whatsoever, provided, however, that all of the foregoing being manifestly recognized 'and intended to convey complete power in the Board shall nonetheless be limited but only as specifically limited by express provisions of this Agreement and under Act 379 of the Michigan Pu~1ic Acts of 1965. Rights reserved exclusively herein by the District which shall be exercised efclusively by the District without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement shall include by way of illustration and not by way of limitation, the right to: A. Manage and control the school's business, the equipment, the operations and to direct the working forces and affairs of the Employer. B. Continue its rights and past practice of assignment and direction of work of all of its powers personnel, determine the number of shifts and authority to directhours of work, manage starting and control to the full extent ending times, length of the law. Included inwork year, and scheduling of all the foregoing, but not limited to, those duties and powers are in conflict with the exclusive right to: determine its organization; direct the work specific provisions of its employees; determine the times and hours of operation; determine the kinds and levels of service to be providedthis Agreement, and the methods and means of providing them; establish its educational policiesright to establish, goals and objectives; insure modify or change any work or business hours or days. C. The right to direct the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; buildworking forces, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains including the right to hire, assign, evaluate, promote, layoffsuspend and discharge employees, terminate transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, . determine the size of the work force and discipline to layoff employees. 4.2 The exercise D. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of the foregoing powers, rights, authority, duties and responsibilities by the Districtoperation, the adoption of policiesmeans, rules, regulations and practices in furtherance thereofmethods, and processes of' carrying on the use work including automation thereof or changes therein, the instruction of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with lawnew and/or improved methods or changes therein. 4.3 The District retains its right to amend, modify or suspend policies E. Adopt reasonable rules and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspendedregulations. 4.4 The exercise F. Determine the qualifications of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rightsemployees, including physical conditions. 4.5 Any dispute arising out G. Determine the location or relocation of its facilities, including the establishment or in any way connected with either relocations of new schools, buildings, departments, divisions or subdivisions thereof and the existence relocation or closing of offices, departments, divisions or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreementsubdivisions, buildings or other facilities.

DISTRICT RIGHTS. 4.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals goals, and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move move, or modify facilities; , establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codescodes; and take action on any matter in the event of an emergency. In addition, the District retains the right rights to hire, classify, assign, evaluate, promote, layoffterminate, terminate and discipline employees. 4.2 . The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 . The District retains its right to amend, modify or suspend rescind policies and practices covered referred to in this Agreement in emergency circumstances. Examples circumstances arising from unforeseen events or an act of emergency circumstances are physical catastrophe and acts of natureGod. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 the right in a different manner at a different time. Any dispute arising out of or in any way connected with either the existence of of, or the exercise of of, any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement. Terms and conditions of employment set forth in this Agreement and subsequent agreements negotiated between the District and Association therewith, shall supersede any rules and regulations promulgated by the Personnel Commission pertaining to the same subject matter, to the extent permitted by law.”

DISTRICT RIGHTS. 4.1 It is understood and agreed that the District retains all of its powers the customary and usual rights, powers, functions, and authority to direct, control and manage and control to discharge its obligations. Any of the rights, powers, or authority which the District had prior to the full extent execution of this Agreement are retained except as those rights, powers, and functions or authority which are specifically abridged or modified by this Agreement or by any supplement to this Agreement arrived at through the lawprocess of collective bargaining. Included inDistrict reserved duties and rights include, but may not be limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employeesUnit members; determine the kinds and levels of service and the methods and means of providing them; lawfully contract out work; determine the number and kind of personnel required; maintain the efficiency of District operations; build, move or modify buildings and facilities; establish budget procedures and funding priorities; determine methods of revenue; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals goals, and objectives; insure the rights and educational policies, goals, and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, addition the District retains and its designee retain the right to hire, assign, evaluate, promoteterminate, layoff, terminate and discipline employees. 4.2 The exercise Unit members, except as limited by the Commission and/or this contract; and to modify or suspend this contract in case of emergency, which shall be defined as an act of God, such as fire, flood, earthquake, or other natural disaster or unforeseen nonfinancial circumstances that have a significant impact on the operations of the foregoing powersDistrict. The declaration of emergency shall be a grievable matter. It is agreed and understood that there will be no strike, rightswork stoppage, authorityslowdown, duties picketing, or refusal or failure to perform job functions and responsibilities responsibilities, or other interference with the operations of the District by the Districtexclusive representative or its officers, agents, or members during the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms term of this Agreement, including compliance with the request of other labor organizations to engage in such activity. The exclusive representative recognizes the duty and then only obligation of its representative to comply with the extent such specific and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in provisions of this Agreement in emergency circumstancesand to make every effort toward inducing all Unit members to do so. Examples In the event of emergency circumstances are physical catastrophe and acts of nature. Such changesa strike, if anywork stoppage, will remain in effect only for slowdown, or other interference with the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights operations of the District by Unit members who are represented by the exclusive representative, the exclusive representative agrees in good faith to take all reasonable and affirmative steps to cause Unit members to cease such action. The District and the exclusive representative agree that it is to their mutual benefit to encourage the resolution of differences through the meet and negotiation and grievance processes. Therefore, it is agreed that the District and the exclusive representative will support this Agreement and that the exclusive representative, for its term, will not appear before the Governing Board to seek change or improvement in any matter subject to the meet and negotiation or grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article process except by mutual agreement of the AgreementDistrict and the exclusive representative.

DISTRICT RIGHTS. 4.1 It 2.1 There is understood and agreed that reserved exclusively to the District retains all of its powers responsibilities, powers, rights and authority to directvested exclusively in it or implied by the laws and Constitution of California and the United States or common law functions and prerogatives which have been heretofore exercised by it. 2.2 By way of illustration and without limiting or abridging the generality or specificity of the above right, the following pertains: a. To manage and control administer the school system, its properties and facilities and to direct its employees, administrators, and other employees in the full extent execution of their duties. To make such operation changes as deemed advisable for efficient, effective operation of the law. Included inDistrict, but not limited to, those duties and powers are including the exclusive right to: to determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and , staff levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; services. b. To determine the number work and kinds of personnel requiredposition requirements, applicant and employee qualifications; maintain the efficiency of District operationto supervise all programs; to determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine conditions for the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In additioncontinued employment, the District retains the right standards of performance required and whether work shall be performed by employees; to hire, terminate, layoff, classify, assign, evaluate, discipline employees; to assign duties, responsibilities and the place of work of employees; and to promote, layoff, terminate reassign and discipline transfer any such employees. 4.2 c. To develop and control the annual budget for the District and to submit to its electorate such propositions for authority to borrow monies or to levy such taxes, as it may deem necessary, and to exercise full control over the financial affairs of the District. 2.3 This entire Article is intended to clarify management's rights in the operation of the District except where it has agreed expressly and in specific terms to limit or restrict those rights by a specific provision of this Agreement. 2.4 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with the law. 4.3 2.5 The District retains its right to amend, modify or suspend policies and practices covered rescind provisions referred to in this Agreement in emergency circumstancescases of emergency. Examples Following the District’s amendment, modification, and/or rescission of emergency circumstances are physical catastrophe provisions in this agreement, the District will notify CSEA Chapter 71 President, and acts of nature. Such changes, if anyupon written request by XXXX, will remain in effect only for meet and address any negotiable effects. At the time of the amendment, modification, and/or rescission, the District will specify the duration of the emergency, which thereafter may be extended by the District after first consulting with CSEA. All grievance time lines expressly set forth in the Agreement will Emergencies shall be held in abeyance while the contract is suspended. 4.4 The exercise defined as: fire, flood, epidemic, impassable roads, other emergencies which would cause closing of schools, or because of any right reserved to civil officer of the District herein in a particular manner United States, of the state, or the non- exercise of any such right shall not be deemed county, city and county, or city authorized to close schools to meet an emergency created by war, or because of other extraordinary conditions, or because of inability to secure or hold an employee, or because of imminence of a waiver of major safety hazard as determined by the District's right local law enforcement agency, or preclude the District from exercising their rightsa strike involving transportation services to pupils provided by a non school entity. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

DISTRICT RIGHTS. 4.1 ARTICLE 9.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage manage, and control to the full extent of the law. Included in, in but not limited to, to those duties and powers are the exclusive right rights to: determine its organizationorganizational structure; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service services to be provided, ; and the methods and means of providing them; establish its educational policies, goals goals, and objectives; insure ensure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operationoperations, maintenance and transportation; determine the curriculum; design, build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codeswork; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, classify, assign, evaluate, promote, layoffand for just cause to terminate, terminate demote, suspend, and discipline employees. This provision in no way limits other District powers as granted by law. 4.2 ARTICLE 9.2 The exercise of the foregoing powers, rights, authority, duties duties, and responsibilities by the District, ; the adoption of policies, rules, regulations regulations, and practices in furtherance thereof, ; and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this the Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 The . In addition to the above rights, the District retains its right to amend, modify modify, or suspend rescind policies and practices covered referred to in this Agreement in emergency circumstances. Examples cases of emergency circumstances are physical catastrophe and acts of nature. Such changesemergency, if anylimited, will remain in effect only for however, to the duration of the emergency. All grievance time lines An emergency is a temporary situation in which the health and safety of students, employees, and community members and/or district facilities is in peril, and extraordinary actions are necessary in order to immediately address the emergency. Example of “emergencies” include, but are not limited to, the following: act of God, natural disaster, act of war or terrorism, declaration of martial law, insurrection, revolution, flood, earthquake, fire, utilities failure, epidemic, plague and/or other public health crisis. In the event of such emergency, the District agrees to meet and negotiate with CSEA within thirty (30) days of the conclusion of the emergency over those topics within the scope of representation, including restitution for employees, due to the temporarily modified, amended or rescinded policies and practices that occurred during the emergency. The determination of whether or not an emergency exists is solely within the discretion of the Governing Board and is expressly set forth in excluded from the Agreement will be held in abeyance while the contract is suspended. 4.4 provisions of Article 8. The exercise exercises of any right reserved to the District herein in a particular manner or the non- non-exercise of any such right shall not be deemed a waiver of the District's ’s right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.right

DISTRICT RIGHTS. 4.1 3.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, in but not limited to, to those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure ensure the rights right and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; transfer personnel; maintain the efficiency of District operationoperations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; , contract out work as legally allowed under the Education and Government Codeswork; and take action on any matter in the event of an emergency. In addition, the District Board retains the right to hire, assignclassify, evaluate, promote, layoff, terminate and discipline employees. 4.2 3.2 The exercise of the foregoing powers, rights, authority, duties duties, and responsibilities by the District, the adoption of policies, rules, procedures, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 3.3 The District retains its Board reserves the right to amend, modify or suspend policies and practices covered in this Agreement in declare an emergency circumstances. Examples when there is a threat of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved danger to the District herein in a particular manner or students and/or staff and/or the non- exercise of any such right shall not be deemed a waiver property of the District's right , e.g., fire, flood, earthquake, bomb threat, gas leak, electrical malfunction, or preclude other hazardous working conditions; or when the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights normal operation of the District is not subject to faces serious disruption. In such instances, the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article Board may suspend those elements of the Agreementcontract needed to protect students and/or staff and/or the property and/or to ensure the normal operation of the District. Such elements of the contract shall continue in suspension for as long as the emergency continues. The Board will give a progress report on the emergency at each regular board meeting, as long as the emergency exists. The Board shall have the right to declare when an emergency no longer exists.

DISTRICT RIGHTS. 4.1 It 5.1 This Article assures that the District retains all rights and powers it has not agreed to limit in other Articles of this Agreement. This Article is not intended, nor shall it be construed, to waive or otherwise diminish the rights of the Association or of unit members or the District as set forth in other Articles of this Agreement. The exercise of the following rights and authority by the District, the adoption of policies and practices in furtherance thereof, and the use of discretion in connection therewith, shall be limited only by the express terms of this Agreement, and then only to the extent such express terms are in conformance with the law. If there is a conflict between the retained rights of this Article and the rights of unit members or the Association as set forth in some other Article of this Agreement, the language of the latter shall prevail. 5.2 Subject to the foregoing qualifications, it is understood and agreed that all matters not enumerated in the District retains all Government Code Section 3543.2 and not limited by the terms of its powers and authority to direct, manage and control other Articles of this Agreement are reserved to the full extent of the lawDistrict. Included in, but not limited to, to those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service services to be provided, provided and the methods and means of providing them; establish its educational policies, goals goals, objectives and objectivesprograms, including those relating to curriculum, course content, textbook selection, equipment and supplies, admissions, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, pupil conduct and discipline, transportation, food services, racial and ethnic balance, extra-curricular and co- curricular activities and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public with respect to such matters; insure the rights and educational opportunities of students; determine staffing patterns; patterns and class sizes, determine the number and kinds of personnel required; maintain the efficiency of District operationoperations; determine the curriculumcurriculum and the kinds, types and amounts of supporting services; build, move move, modify or modify remove facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education work; and Government Codes; declare and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, classify, assign, transfer, evaluate, promote, layoffterminate, terminate and discipline employees. 4.2 The exercise 5.3 Any violation, misapplication or misinterpretation of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only Agreement that may follow from the declaration of an emergency may be subject to the extent such specific and express terms are in conformance with lawGrievance Procedure, Article XV. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 5.4 Any dispute arising out of of, or in any way connected with either the existence of of, or the exercise of any of the above described rights of the District set forth hereinabove, or any of the rights of the District not limited by other provisions of this Agreement, or arising out of the exercise of any such rights, is not subject to the grievance and arbitration provisions set forth of Article XV,1 unless the grievance in question is an allegation that the District has violated a provision of some Article of this Agreement unless such dispute whose violation is otherwise grievable under another Article of subject to the Agreementgrievance and arbitration process.

DISTRICT RIGHTS. 4.1 It is understood A. The District hereby retains and agreed that reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to and after the signing of this Agreement by the Laws and Constitution of the State of New Jersey and of the United States; including but without limiting the generality of the foregoing the following rights: 1. The executive management and administrative control of the District retains all and its properties and facilities and the activities of its powers employees; 2. To hire all employees and authority to directdetermine their qualifications or assignment, manage and control to promote and transfer employees; 3. To establish a code of rules and regulations of the District for the operation of the District; 4. To make all decisions relating to the full extent performance of the law. Included inDistrict's operations, educational and maintenance activities, including but not limited toto the methods, those duties means, processes, materials, procedures and powers are the exclusive right to: determine its organization; direct the work of its employees; employees to be utilized; 5. To determine the times standards of performance of the employees; 6. To take actions considered necessary to establish and hours of operation; determine the kinds maintain efficiency and levels of service to be provided, cost effective operations and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, assign, evaluate, promote, layoff, terminate and discipline employeesmaintenance. 4.2 B. The exercise of the foregoing powers, rights, authority, duties and or other responsibilities by of the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this the Agreement, and then only to the extent such specific and express terms hereof are in conformance with lawthe Constitution and Laws of New Jersey and of the United States. 4.3 The C. Nothing contained herein shall be construed to deny or restrict the District retains in its exclusive right to amendadminister itself and control the work of its personnel, modify not to deny or suspend policies restrict the District in any of its rights, responsibilities and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration authority under N.J.S.A. 18A or any other national or state law or local ordinance. D. The failure to exercise any of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of foregoing rights, or any right reserved deemed to the District herein in be a particular manner management right by tradition, by agreement, by mutual acceptance, or the non- exercise of any such right by practice, shall not be deemed to be a waiver of the District's right thereof; all management rights ever granted or preclude exercised heretofore are specifically incorporated herein. Any act taken by the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions specifically prohibited by this Agreement shall be deemed a management right, and shall be considered such as if fully set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreementherein.