Common use of MANAGEMENT RIGHTS AND DISTRICT POWERS Clause in Contracts

MANAGEMENT RIGHTS AND DISTRICT POWERS. 20.1 It is understood and agreed that the District retains all of its powers and authority to direct and control to the full extent of the law. Included in, but not limited to, those duties and powers are the rights to: direct the work of its employees; determine the method, means and services to be provided; establish the educational philosophy and the goals and objectives; ensure the rights and educational opportunities of students; determine the staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of the District operation; determine the curriculum; build, move or modify the facilities; develop a budget; develop and implement budget procedures; determine the methods of raising revenue; and contract out work. In addition, the Board retains the right to hire, assign, reassign, transfer, evaluate, promote, terminate and discipline employees, and to take action on any matter in the event of an emergency. 20.2 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 conformity with the laws of the State of California. 20.3 The Board will amend its written policies and procedures and take such other action by resolution or otherwise as may be necessary to give full force and effect to the provisions of this Agreement. 20.4 The Board of Trustees retains its right to amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency. Emergency conditions would include dangers to the health and safety of the staff and/or students such as civil disorder, natural disaster, school system malfunctions (heating, plumbing, electrical, etc.). 20.5 The determination of whether or not an emergency exists is solely within the discretion of the Board and is expressly excluded from the provisions of Article 6 -- The Grievance Procedure.

MANAGEMENT RIGHTS AND DISTRICT POWERS. 20.1 2.1 It is understood and agreed that the District retains all of its powers and authority to direct and control to the full extent of the law. Included in, but not limited to, those duties and powers are the rights to: direct the work of its employeesunit members; determine the methodmethods, means and services to be provided; establish the educational philosophy and the goals and objectives; ensure the rights and educational opportunities of students; determine the staffing patterns; determine the number and kinds of personnel required; determine the classification of positions; maintain the efficiency of the District operation; determine the curriculum; , build, move or modify the facilities; develop a budget; develop and implement budget procedures; and determine the methods of raising revenue; and contract out workrevenues. In addition, the Board District retains the right to hire, assign, reassign, transfer, evaluate, promote, terminate terminate, and discipline employeesunit members, and to take action on any matter in the event of an emergency. 20.2 2.2 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 conformity conformance with the laws of the State of California. 20.3 2.3 The Board District will amend its written policies and procedures and take such other action by resolution or otherwise as may be necessary to give full force and effect to the provisions of this Agreement. 20.4 2.4 The Board of Trustees District retains its right rights to amend, modify or rescind policies and practices referred to in this the Agreement in cases of emergency, which shall be defined as an event or happening that is extraordinary. Emergency conditions would include dangers to the health and safety of the staff and/or students such as civil disorder, natural disaster, school system malfunctions (heating, plumbing, electrical, etc.). 20.5 The determination of whether or not an emergency exists is solely within the discretion of the Board and is expressly excluded from the provisions of Article 6 -- District. The Grievance ProcedureAssociation Site Representatives will be informed in a timely manner.

MANAGEMENT RIGHTS AND DISTRICT POWERS. 20.1 2.5.1 It is understood and agreed that the District Employer retains all of its powers and authority to direct and control to the full extent of the law. Included in, but not limited to, those duties and powers are the rights to: direct the work of its employees; determine the method, means and services to be provided; establish the educational philosophy and the District's goals and objectives; ensure insure the rights and educational opportunities of students; determine the staffing patterns; determine the number and of kinds of personnel required; determine the classification of positions; maintain the efficiency of the District operation; determine the curriculum; build, move or modify the facilities; develop a budget; , develop and implement budget procedures; determine the methods of raising revenue; and contract out work. In addition, the Board Employer retains the right to hire, assign, reassign, transfer, evaluate, promote, terminate terminate, and discipline employees, and to take action on any matter in the event of an emergency. 20.2 2.5.2 The exercise of the foregoing powers, rights, authoritypowers, duties and responsibilities by of the DistrictSchool Board, 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/Contract, and then only to the extent such specific and express terms are in conformity conformance with the laws of the State of CaliforniaCalifornia and any other applicable laws or legal requirements. 20.3 The Board will amend its written policies and procedures and take such other action by resolution or otherwise as may be necessary to give full force and effect to the provisions of this Agreement. 20.4 2.5.3 The Board of Trustees retains its right to amend, modify or rescind policies suspend those policies, procedures, and practices referred to in this Agreement in cases Agreement/Contract deemed necessary to cope with an emergency. 2.5.4 Emergency shall be defined as a condition beyond the control of the School District such as fire, earthquake, flood or unsanitary health conditions, or matters of a similar nature and legislative or legal acts which substantially interfere with the School Board's ability to continue the District educational programs. 2.5.4.1 In the event of such an emergency, designated representatives of the Association will be contacted for consultation before any procedures, practices, or policies are amended, modified, or suspended. The initial decision as to the existence of an emergency shall be made by the School Board or its designee. The School Board shall report to the public and unit members within twenty-four (24) hours following the decision, the nature and reasons for the emergency. Emergency conditions would include dangers to the health and safety of the staff and/or students such as civil disorder, natural disaster, school system malfunctions (heating, plumbing, electrical, etc.). 20.5 The determination of whether or not an emergency exists is solely within may be thereafter challenged through the discretion Grievance Procedures, which shall not be modified or suspended in the event of the Board and is expressly excluded from the provisions of Article 6 -- The Grievance Proceduresuch an emergency.