Common use of MANAGEMENT RIGHTS AND RESPONSIBILITIES Clause in Contracts

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge recognizes the prerogative of Employer to operate and manage its affairs in all respects and in accordance with its responsibilities, and the powers of authority which Employer has not officially abridged, delegated, granted, or modified by this Agreement are retained by Employer, and all rights, powers, and authority Employer had prior to the signing of this Agreement are retained by Employer and remain exclusively without limitation within the rights of Employer. Section 2.2 Except as may be limited herein, Employer retains the rights in accordance with the constitution and laws of the State of Oklahoma and the responsibilities and duties contained in the Charter of the City of Tulsa and the ordinances and regulations promulgated thereunder as follows: (a) To determine Police Department policy including the rights to manage the affairs of the Police Department in all respects; (b) To assign working hours, including overtime; (c) To direct the members of the Police Department, including the right to hire, promote, or transfer any employee; (d) To discipline, suspend or terminate any employee for good and sufficient cause (good and sufficient cause is synonymous with "just cause"); (e) To determine the organizational chart of the Police Department, including the right to organize and reorganize the Police Department and the determination of job classifications and ranks based upon duties assigned; (f) To determine the safety, health, and property protection measures for the Police Department; (g) To allocate and assign work to all Employees within the Police Department; (h) To be the sole judge of the qualifications of applicants and training of new Employees; (i) To schedule the operations and to determine the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtime; (j) To establish and enforce Police Department rules, regulations, and orders; (k) To introduce new, improved, or different methods and techniques of Police Department operation or change existing methods and techniques; (l) To determine the amount of supervision necessary; (m) To control the departmental budget; (n) To take whatever actions may be necessary to carry out the mission of Employer in situations of emergency.

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge Rialto Police Management Group recognizes the prerogative of Employer the Rialto Police Department (employer) to operate and manage its affairs in all respects and in accordance with its responsibilities, and the powers of authority which Employer the employer has not officially abridged, delegated, granted, or modified by this Agreement are retained by Employeremployer, and all rights, powers, and authority Employer employer had prior to the signing of this Agreement agreement are retained by Employer employer and remain exclusively without limitation within the rights of Employer. Section 2.2 employer. It further agreed that the association and the City will follow the tenants contained in the Rialto Municipal Code 2.51.050. Except as may be limited herein, Employer the City of Rialto Police Department retains the rights in accordance with the constitution and laws of the State of Oklahoma California and the responsibilities and duties contained in the Charter ordinances and regulations of the City of Tulsa and the ordinances and regulations promulgated thereunder Rialto as follows: (a) To determine Rialto Police Department policy policies including the rights to manage the affairs of the Rialto Police Department in all respects; (b) To assign working hours, including overtime; (c) To direct the members of the Rialto Police Department, including the right to hire, promote, or transfer any employee; (d) To discipline, suspend or terminate any employee for good and sufficient cause (good and sufficient cause is synonymous with "just cause"); (e) To determine the organizational chart of the Rialto Police Department, Department including the right to organize and reorganize the Rialto Police Department and the determination of job classifications and ranks based upon duties assigned; (f) To determine the safety, health, and property protection measures for the Rialto Police Department; (g) To allocate and assign work to all Employees within the Rialto Police Department; (h) To be the sole judge of the qualifications of applicants and training of new Employeesemployees; (i) To schedule the operations and to determine the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtimeworkweek; (j) To establish and enforce Rialto Police Department rules, regulations, and orders; (k) To introduce new, improved, or different methods and techniques of Rialto Police Department operation operations or change existing methods and techniques; (l) To determine the amount of supervision necessary; (m) To control the departmental budget; (n) To ; It shall remain the responsibility and authority of the Rialto Police Department to take whatever actions may be necessary to carry out the mission of Employer the City of Rialto in situations of emergency.

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge recognizes 5.1 It is agreed that the Employer retains and reserves all power and authority to manage its operations with the sole and unquestioned right and prerogative of Employer to operate and manage direct the employee of the Employer and its affairs various departments in all respects and in accordance with its responsibilitiesrespects, and the powers of authority which Employer has including, but not officially abridgedlimited to, delegated, granted, or modified by this Agreement are retained by Employer, and all rights, powers, rights and authority exercised by the Employer had prior to the signing execution of this Agreement are retained by Employer and remain exclusively without limitation within the rights of EmployerAgreement, except as modified in this Agreement. Section 2.2 Except 5.2 The following management rights and responsibilities are listed below as examples and are not intended as all-inclusive and shall not be construed as limitations on Section 5.1 above: A) To plan, direct, control and determine all the operations and service of the Employer; B) To recruit, assign, supervise, transfer, promote and direct the workforce, to establish the qualifications for employment and to employ employees; C) To schedule and assign work and to design the content of each job; D) To establish work and performance standards and the processes by which work is performed and, from time to time, to change those standards. Such standards may be limited hereinused to determine acceptable performance levels, prepare work schedules, and measure the performance of employees; E) To assign overtime or not. The Employer retains has the rights right to schedule overtime work as required in accordance a manner most advantageous to the Employer and consistent with the constitution requirements of municipal employment and the public interest; F) To determine the methods, means, organization and number of personnel by which City operations and services are provided while maintaining bargaining unit work within the bargaining unit, including but not limited to the right to reorganize its operations, increase or decrease positions, and determine how to most efficiently provide City services, and G) The Union waives its right to bargain the City’s decision to conduct layoffs and positions to be eliminated, except as set out in Article 5.3. The Union maintains the right to bargain impacts. Section 5.3 The Employer will notify the Union 30 days prior to implementation of any changes in operations or services that would result in the termination or layoff of bargaining unit employees. This notice shall provide the Union with an opportunity to meet with the Employer to discuss whether or not the work can be efficiently and effectively performed by bargaining unit employees. These restrictions on contracting out shall not apply to seasonal work and the corresponding use of seasonal or temporary employees. Section 5.4 No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on the Employer or its officials, including but not limited to the responsibility of the City Manager as the Chief Executive Officer of the City for enforcing the laws of the State and City, recommending a biennial budget or directing the proper performance of Oklahoma all executive departments; and the responsibilities and duties contained in the Charter responsibility of the City Council for the enactment of Tulsa ordinances, the appropriation of monies and the ordinances and regulations promulgated thereunder as follows: (a) To determine Police Department policy including the rights to manage the affairs of the Police Department in all respects; (b) To assign working hours, including overtime; (c) To direct the members of the Police Department, including the right to hire, promote, or transfer any employee; (d) To discipline, suspend or terminate any employee for good and sufficient cause (good and sufficient cause is synonymous with "just cause"); (e) To determine the organizational chart of the Police Department, including the right to organize and reorganize the Police Department and the final determination of job classifications and ranks based upon duties assigned; (f) To determine the safety, health, and property protection measures for the Police Department; (g) To allocate and assign work to all Employees within the Police Department; (h) To be the sole judge of the qualifications of applicants and training of new Employees; (i) To schedule the operations and to determine the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtime; (j) To establish and enforce Police Department rules, regulations, and orders; (k) To introduce new, improved, or different methods and techniques of Police Department operation or change existing methods and techniques; (l) To determine the amount of supervision necessary; (m) To control the departmental budget; (n) To take whatever actions may be necessary to carry out the mission of Employer in situations of emergencyemployee compensation.

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge recognizes the prerogative of 4.1 The Employer retains and reserves all powers and authority to operate and manage its affairs operations in all respects an effective manner with the sole and unquestioned right and prerogative in accordance with its responsibilitiesapplicable laws, regulations, and City ordinances and policies, subject only to the powers limitations expressly stated in this Agreement. The following management rights and responsibilities are examples, not intended to be all-inclusive: 1) To plan, direct, control and determine all the operations and services of authority the Employer; 2) To supervise, transfer, and direct the workforce, to establish the qualifications for employment and to employ employees; 3) To schedule and assign work; 4) To establish work and performance standards and, from time to time, to change those standards. Such standards may be used to determine acceptable performance levels, prepare work schedules, and measure the performance of employees; 5) To assign overtime or not. The City has the right to schedule overtime work as required in a manner most advantageous to the City and consistent with the requirements of municipal employment and the public interest; 6) To determine the methods, means, organization and number of personnel by which Employer has not officially abridged, delegated, grantedsuch operations and services shall be performed, or modified by this Agreement are retained by Employerto subcontract work with either public or private sector agencies, and all rightsor assign work to other City non-bargaining unit personnel, powers, and authority Employer had prior to the signing of this Agreement are retained by Employer and remain exclusively without limitation within the rights of Employer. Section 2.2 Except as may be limited herein, Employer retains the rights in accordance with the constitution and laws of the State of Oklahoma and the responsibilities and duties contained in the Charter of the City of Tulsa and the ordinances and regulations promulgated thereunder as follows:Article 21; (a7) To determine Police Department policy including the rights to manage the affairs of the Police Department in all respectsmake and enforce reasonable rules and regulations; (b) To assign working hours, including overtime; (c) To direct the members of the Police Department, including the right to hire, promote, or transfer any employee; (d) 8) To discipline, suspend or terminate and discharge employees for cause. Employees in their initial probationary period are considered “at-will” employees and may be terminated for any employee for good reason not expressly prohibited by law and sufficient cause (good and sufficient cause is synonymous with "just cause")without recourse to any grievance procedure; (e9) To determine lay off employees for lack of work, funds, or the organizational chart occurrence of conditions beyond the control of the Police DepartmentEmployer or where such condition of work would be wasteful or unproductive; 10) To change or eliminate existing methods, equipment or facilities, including past practices; 11) To direct its employees to perform every incidental duty connected with operations, whether or not enumerated in their job descriptions; 12) To apply the City’s Personnel Policies & Procedures Manual, with the exception of provisions concerning benefits, to members of this bargaining unit. However, in the event of a conflict between a provision of this Agreement and any guideline, regulation, or rule of the City, the provision of this Agreement shall control. In addition, the parties agree that the City has the sole right to amend, modify, adopt, or change any such policies; provided that the Union is given thirty (30) days’ advance notice and has an opportunity to comment. 4.2 The City has the right at any time to organize require an employee to provide evidence of a valid Washington State driver’s license and reorganize CDL endorsement if such is required by the Police Department and classification or if the determination employee has or will at any time drive a City vehicle. Such requirement may include having the employee sign a release of job classifications and ranks based upon duties assigned; (f) To determine driving record, the safety, health, and property protection measures payment of fee for which is to be paid by the Police Department; (g) To allocate and assign work to all Employees within the Police Department; (h) To be the sole judge of the qualifications of applicants and training of new Employees; (i) To schedule the operations and to determine the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtime; (j) To establish and enforce Police Department rules, regulations, and orders; (k) To introduce new, improved, or different methods and techniques of Police Department operation or change existing methods and techniques; (l) To determine the amount of supervision necessary; (m) To control the departmental budget; (n) To take whatever actions may be necessary to carry out the mission of Employer in situations of emergencyEmployer.

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge 1. The Union recognizes the prerogative of Employer the City to operate and manage its affairs in all respects and in accordance with its responsibilities, responsibilities and the powers power of authority which Employer the City has not officially abridged, delegated, granted, or modified by this Agreement are retained by Employerthe City, and all rights, powers, and authority Employer the City had prior to the signing of this Agreement are retained by Employer the City and remain exclusively without limitation within the rights of Employerthe City. Section 2.2 2. Except as may be limited hereinotherwise specifically provided in this agreement, Employer the employer retains the rights exclusive right in accordance with the constitution City Charter and the laws of the State of Oklahoma and the responsibilities and duties contained in the Charter of the City of Tulsa and the Xxxxxx as set forth within ordinances and regulations promulgated thereunder resolutions to exercise all rights and functions of management. Without limiting the generality of the foregoing, as followsused herein, the term “rights and functions of management” includes: (a) To determine Police A: The determination of Fire Department policy policy, including the rights right to manage the affairs of the Police Fire Department in all respects;: (b) To B: The right to assign working hours, hours including overtime; (c) To C: The right to establish, modify or change work schedules, xxxxxxx of shifts, assignments, etc. D: The right to direct the members employees of the Police Fire Department, including the right to hire, promotepromote and transfer employees and the right to terminate, suspend, demote or transfer any employee; (d) To discipline, suspend or terminate any employee for good and sufficient cause (good and sufficient cause is synonymous with "just cause"); (e) To determine the organizational chart take other disciplinary actions against employees of the Police Fire Department. E: The determination of the table of organization of the Fire Department, including the right to organize and reorganize the Police Fire Department in any manner it chooses, including the size of the Fire Department, and the determination of job classifications classifications, ranks and ranks positions based upon duties assigned;. (f) To determine the F: The determination of safety, health, health and property protection measures for the Police Fire Department;: (g) To allocate G: The allocation and assign assignment of work to all Employees members within the Police Fire Department; (h) To be the ; H: The sole judge of the qualifications of applicants and training of new Employees; (i) To schedule the employees; I: The scheduling of operations and to determine the determination of the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtimeworking period; (j) To establish and enforce Police Department rules, regulations, and orders; (k) To introduce new, improved, or different methods and techniques of Police Department operation or change existing methods and techniques; (l) To determine the amount of supervision necessary; (m) To control the departmental budget; (n) To take whatever actions may be necessary to carry out the mission of Employer in situations of emergency.

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge 4.01. The Union recognizes the prerogative of Employer the City to operate and manage its affairs in all respects and in accordance with its responsibilities, and the powers power of authority which Employer the City has not officially abridged, delegated, granted, granted or modified by this Agreement the agreement are retained by Employer, the City and all rights, powers, powers and authority Employer the City had prior to the signing of this Agreement are retained by Employer the City, and remain exclusively without limitation limitation, within the rights of Employerthe City. Section 2.2 4.02. Except as may be limited hereinhereinafter , Employer the City retains the rights in accordance with the constitution Constitution and laws of the State of Oklahoma Oklahoma, and the responsibilities and duties contained in the laws of the State of Oklahoma, the Charter of the City of Tulsa and Shawnee, the ordinances Ordinances, and regulations promulgated thereunder as followsthereunder: (a) a. To determine Police Fire Department policy policy, including the rights right to manage the affairs of the Police Department in all respectsFire Department; (b) b. To assign working hours, including overtime; (c) c. To direct the members of the Police Departmentbargaining unit, including the right to hireterminate, promotesuspend, discipline, promote or transfer any employeemember subject to this Agreement and the grievance procedure hereinafter set forth; (d) To discipline, suspend or terminate any employee for good and sufficient cause (good and sufficient cause is synonymous with "just cause"); (e) d. To determine the organizational chart table of organization of the Police Fire Department, including the right to organize and reorganize the Police Fire Department and the determination of job classifications and ranks based upon duties assigned; (f) e. To determine the safety, health, health and property protection measures for the Police Fire Department; (g) f. To allocate and assign work to all Employees the members of the bargaining unit within the Police Fire Department; (h) g. To be the sole judge of the qualifications of applicants and training of new Employeesemployees; (i) To schedule the operations and to determine the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtime; (j) h. To establish and enforce Police Fire Department rules, regulations, regulations and orders; (k) i. To introduce new, improved, improved or different methods and techniques of Police operation of the Fire Department operation or change existing methods and techniques; (l) j. To determine the amount number of employees and supervision necessary; (m) k. To control the departmental budget; (n) l. To take whatever actions may be necessary to carry out the mission of Employer the City in situations of emergency.

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge The Association recognizes the prerogative of Employer the Rialto Police Department (employer) to operate and manage its affairs in all respects and in accordance with its responsibilities, and the powers of authority which Employer the employer has not officially abridged, delegated, granted, or modified by this Agreement are retained by Employeremployer, and all rights, powers, and authority Employer employer had prior to the signing of this Agreement are retained by Employer employer and remain exclusively without limitation within the rights of Employer. Section 2.2 employer. It is further agreed that the association and the City will follow the tenets contained in the Rialto Municipal Code 2.51.050. Except as may be limited herein, Employer the City of Rialto Police Department retains the rights in accordance with the constitution and laws of the State of Oklahoma California and the responsibilities and duties contained in the Charter ordinances and regulations of the City of Tulsa and the ordinances Rialto and regulations promulgated thereunder as follows: (a) To determine Rialto Police Department policy policies including the rights to manage the affairs of the Rialto Police Department in all respects; (b) To assign working hours, including overtime; (c) To direct the members of the Rialto Police Department, including the right to hire, promote, or transfer any employee; (d) To discipline, suspend or terminate any employee for good and sufficient cause (good and sufficient cause is synonymous with "just cause"); (e) To determine the organizational chart of the Rialto Police Department, Department including the right to organize and reorganize the Rialto Police Department and the determination of job classifications and ranks based upon duties assigned; (f) To determine the safety, health, and property protection measures for the Rialto Police Department; (g) To allocate and assign work to all Employees within the Rialto Police Department; (h) To be the sole judge of the qualifications of applicants and training of new Employeesemployees; (i) To schedule the operations and to determine the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtimeworkweek; (j) To establish and enforce Rialto Police Department rules, regulations, and orders; (k) To introduce new, improved, or different methods and techniques of Rialto Police Department operation operations or change existing methods and techniques; (l) To determine the amount of supervision necessary; (m) To control the departmental budget; (n) To take whatever actions may be necessary to carry out the mission of Employer in situations of emergency.

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge recognizes the prerogative of 4.1 The Employer retains and reserves all powers and authority to operate and manage its affairs operations in all respects an effective manner with the sole and unquestioned right and prerogative in accordance with its responsibilitiesapplicable laws, regulations, and City ordinances and policies, subject only to the powers limitations expressly stated in this Agreement. The following management rights and responsibilities are examples, not intended to be all-inclusive: 1) To plan, direct, control and determine all the operations and services of authority the Employer; 2) To supervise, transfer, and direct the workforce, to establish the qualifications for employment and to employ employees; 3) To schedule and assign work; 4) To establish work and performance standards and, from time to time, to change those standards. Such standards may be used to determine acceptable performance levels, prepare work schedules, and measure the performance ofemployees; 5) To assign overtime or not. The City has the right to schedule overtime work as required in a manner most advantageous to the City and consistent with the requirements of municipal employment and the public interest; 6) To determine the methods, means, organization and number of personnel by which Employer has not officially abridged, delegated, grantedsuch operations and services shall be performed, or modified by this Agreement are retained by Employerto subcontract work with either public or private sector agencies, and all rightsor assign work to other City non-bargaining unit personnel, powers, and authority Employer had prior to the signing of this Agreement are retained by Employer and remain exclusively without limitation within the rights of Employer. Section 2.2 Except as may be limited herein, Employer retains the rights in accordance with the constitution and laws of the State of Oklahoma and the responsibilities and duties contained in the Charter of the City of Tulsa and the ordinances and regulations promulgated thereunder as follows:Article 21; (a7) To determine Police Department policy including the rights to manage the affairs of the Police Department in all respectsmake and enforce reasonable rules and regulations; (b) To assign working hours, including overtime; (c) To direct the members of the Police Department, including the right to hire, promote, or transfer any employee; (d) 8) To discipline, suspend or terminate and discharge employees for cause. Employees in their initial probationary period are considered "at-will" employees and may be terminated for any employee for good reason not expressly prohibited by law and sufficient cause (good and sufficient cause is synonymous with "just cause")without recourse to any grievance procedure; (e9) To determine lay off employees for lack of work, funds, or the organizational chart occurrence of conditions beyond the control of the Police DepartmentEmployer or where such condition of work would be wasteful or unproductive; 10) To change or eliminate existing methods, equipment or facilities, including past practices; 11) To direct its employees to perform every incidental duty connected with operations, whether or not enumerated in their job descriptions; 12) To apply the City's Personnel Policies & Procedures Manual, with the exception of provisions concerning benefits, to members of this bargaining unit. However, in the event of a conflict between a provision of this Agreement and any guideline, regulation, or rule of the City, the provision of this Agreement shall control. In addition, the parties agree that the City has the sole right to amend, modify, adopt, or change any such policies; provided that the Union is given thirty (30) days' advance notice and has an opportunity to comment. 4.2 The City has the right at any time to organize require an employee to provide evidence of a valid Washington State driver's license and reorganize CDL endorsement if such is required by the Police Department and classification or if the determination employee has or will at any time drive a City vehicle. Such requirement may include having the employee sign a release of job classifications and ranks based upon duties assigned; (f) To determine driving record, the safety, health, and property protection measures payment of fee for which is to be paid by the Police Department; (g) To allocate and assign work to all Employees within the Police Department; (h) To be the sole judge of the qualifications of applicants and training of new Employees; (i) To schedule the operations and to determine the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtime; (j) To establish and enforce Police Department rules, regulations, and orders; (k) To introduce new, improved, or different methods and techniques of Police Department operation or change existing methods and techniques; (l) To determine the amount of supervision necessary; (m) To control the departmental budget; (n) To take whatever actions may be necessary to carry out the mission of Employer in situations of emergencyEmployer.

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge recognizes SECTION 1. It is recognized that the prerogative government and management of Employer the VILLAGE, control and management of its properties and the maintenance of municipal functions and operations are reserved to operate the VILLAGE and manage that all lawful prerogatives of the VILLAGE shall remain and be solely the VILLAGE'S right and responsibility, except as limited by applicable law. Such rights and responsibilities belonging solely to the VILLAGE are hereby recognized, prominent among which but no means wholly inclusive are: all rights involving public policy, the rights to decide the number of employees, work normally performed within the unit, the right to hire employees, determine their qualifications, conditions of employment, the right to promote, discharge or discipline for just cause and to maintain discipline and effectiveness of employees, to make and change rules and regulations which are reasonable and not inconsistent with the terms and provisions of this AGREEMENT, the scheduling of work, methods of departmental operation, the selection, procurement, designing, engineering, purchasing and the control of equipment, supplies and materials, the right to determine the number and location or relocation of its affairs in all respects facilities, to determine the size of the management organization, its functions, authority, amount of supervision and in accordance with its responsibilitiestable of organization, and the powers right to contract services by others. SECTION 2. It is further recognized that the responsibility of authority which Employer has not officially abridgedthe Management of the VILLAGE for the selection and direction of the working force, delegatedincluding the right to hire, grantedsuspend, or modified by discharge for just cause; the right to assign, promote or transfer; to determine the amount of overtime to be worked; to relieve employees from duty for just cause or for other legitimate reasons is vested exclusively in the VILLAGE subject only to the express provisions of this Agreement are retained by EmployerAGREEMENT as herein set forth. SECTION 3. It is further recognized that the responsibility and authority to determine the scheduling as to hours and type of work is vested exclusively with the VILLAGE. It is further recognized that the VILLAGE may in lieu of laying off personnel, reassign employees to a different classification, and all that the VILLAGE reserves the right to eliminate a position and not to fill vacancies for authorized positions and/or classifications, provided that any employee who is laid off or involuntarily transferred shall be reassigned to her prior position when such position is next filled. SECTION 4. The exercise of the foregoing powers, rights, powersauthorities and responsibilities by the VILLAGE the adoption of policies, rules and regulations and practices in furtherance thereof, and authority Employer had prior the use of judgment and discretion in connection therewith shall be limited only by the specific and expressed terms of this AGREEMENT and then only to the signing of this Agreement extent such specific and expressed terms are retained by Employer and remain exclusively without limitation within the rights of Employer. Section 2.2 Except as may be limited herein, Employer retains the rights in accordance conformance with the constitution and laws of the State of Oklahoma Michigan and the responsibilities and duties contained in the Charter of the City of Tulsa and the ordinances and regulations promulgated thereunder as follows: (a) To determine Police Department policy including the rights to manage the affairs of the Police Department in all respects; (b) To assign working hours, including overtime; (c) To direct the members of the Police Department, including the right to hire, promote, or transfer any employee; (d) To discipline, suspend or terminate any employee for good and sufficient cause (good and sufficient cause is synonymous with "just cause"); (e) To determine the organizational chart of the Police Department, including the right to organize and reorganize the Police Department and the determination of job classifications and ranks based upon duties assigned; (f) To determine the safety, health, and property protection measures for the Police Department; (g) To allocate and assign work to all Employees within the Police Department; (h) To be the sole judge of the qualifications of applicants and training of new Employees; (i) To schedule the operations and to determine the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtime; (j) To establish and enforce Police Department rules, regulations, and orders; (k) To introduce new, improved, or different methods and techniques of Police Department operation or change existing methods and techniques; (l) To determine the amount of supervision necessary; (m) To control the departmental budget; (n) To take whatever actions may be necessary to carry out the mission of Employer in situations of emergencyUnited States.

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge SECTION 1. The FOP recognizes the prerogative and responsibility of the Employer to operate and manage its affairs in all respects and in accordance with its responsibilities, . The powers and the powers of authority which the Employer has not officially abridged, delegated, granted, granted or modified by this Agreement are retained by the Employer, and all rights, powers, powers and authority the Employer had prior to the signing of this Agreement Agreement, are retained by the Employer and remain exclusively without limitation within the rights of the Employer. Section 2.2 SECTION 2. Except as may be limited herein, the Employer retains the rights in accordance with the constitution Constitution and laws of the State state of Oklahoma and the responsibilities and duties contained in the Charter of the City of Tulsa Midwest City and the ordinances ordinance's and regulations promulgated thereunder as followsthere under. These rights shall include, but shall not be limited to, the rights: (a) To X. Xx determine and enforce Police Department policy policy, rules, regulations and orders, including the rights right to manage the affairs of the Police Department Department, so long as the same are not punitive in all respectsnature and so long as they do not affect mandatory subjects of bargaining which are required to be negotiated; (b) B. To assign working hours, including overtime; (c) C. To direct the members of the Police Department, including the right to hire, promote, or transfer any employee; (d) To discipline, suspend suspend, demote or terminate for the good of the service, any employee member of the Police Department, subject to other provisions of this Agreement, including the procedure found in Article 10. The FOP recognizes the standard “Just Cause”/ "for the good of the service" when its use is fair, proper, and sufficient cause (good and sufficient cause is synonymous with "just cause");reasonable under the circumstances. (e) To X. Xx determine the organizational chart table of organization of the Police Department, including the right to organize and reorganize the Police Department and Department; however, such actions by the determination Employer shall not be punitive in nature. If any new rank is established, it will be filled as otherwise provided in this Agreement. In the event a new classification is established, the selection for that classification will be a competitive process designed by management to meet the needs of management; E. To establish or determine new job classifications and ranks based upon duties assigned, provided, however, such new job classifications shall not reduce the pay of any current officer; (f) F. To determine the location, means, methods and personnel by which operations are to be conducted; G. To determine the safety, health, health and property protection measures for the Police Department; (g) To allocate and assign work . In making such determinations, due regard will be given to all Employees within the safety of the officers of the Midwest City Police Department; (h) H. To be the sole judge of the qualifications of applicants and training of new Employeesemployees; (i) I. To schedule set the operations and standards for services to determine be Offered to the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtimepublic; (j) To establish and enforce Police Department rules, regulations, and orders; (k) J. To introduce new, improved, improved or different methods and techniques of operation of the Police Department operation or change existing methods and techniques; (l) K. To determine reasonable means and methods of effective communication of any and all rules, regulations and orders to members of the Police Department, provided, however, new rules and regulations shall be reduced, to writing and be made available; L. To determine the amount of supervision necessary; (m) M. To control the departmental budget, subject to the mandates of this contract; (n) N. To take whatever actions may be reasonably necessary to carry out the mission of the Employer in situations of emergency.

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge 1. The Union recognizes the prerogative of Employer the City to operate and manage its affairs in all respects and in accordance with its responsibilities, responsibilities and the powers power of authority which Employer the City has not officially abridged, delegated, granted, or modified by this Agreement are retained by Employerthe City, and all rights, powers, and authority Employer the City had prior to the signing of this Agreement are retained by Employer the City and remain exclusively without limitation within the rights of Employerthe City. Section 2.2 2. Except as may be limited hereinotherwise specifically provided in this agreement, Employer the employer retains the rights exclusive right in accordance with the constitution City Charter and the laws of the State of Oklahoma and the responsibilities and duties contained in the Charter of the City of Tulsa and the Xxxxxx as set forth within ordinances and regulations promulgated thereunder resolutions to exercise all rights and functions of management. Without limiting the generality of the foregoing, as followsused herein, the term “rights and functions of management” includes: (a) To determine Police A: The determination of Fire Department policy policy, including the rights right to manage the affairs of the Police Fire Department in all respects;: (b) To B: The right to assign working hours, hours including overtime; (c) To C: The right to establish, modify or change work schedules, xxxxxxx of shifts, assignments, etc. D: The right to direct the members employees of the Police Fire Department, including the right to hire, promotepromote and transfer employees and the right to terminate, suspend, demote or transfer any employee; (d) To discipline, suspend or terminate any employee for good and sufficient cause (good and sufficient cause is synonymous with "just cause"); (e) To determine the organizational chart take other disciplinary actions against employees of the Police Fire Department. E: The determination of the table of organization of the Fire Department, including the right to organize and reorganize the Police Fire Department in any manner it chooses, including the size of the Fire Department, and the determination of job classifications classifications, ranks and ranks positions based upon duties assigned;. (f) To determine the F: The determination of safety, health, health and property protection measures for the Police Fire Department: G: The allocation and assignment of work to all members within the Fire Department; (g) To allocate and assign work to all Employees within the Police Department; (h) To be the H: The sole judge of the qualifications of applicants and training of new Employeesemployees; (i) To schedule the I: The scheduling of operations and to determine the determination of the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtimeworking period; (j) To establish J: The establishment and enforce Police enforcement of Fire Department rules, regulations, regulations and ordersorders and amendments to the same; (k) To introduce K: The introduction of new, improved, improved or different methods and techniques of Police operation of the Fire Department operation or change changes in existing methods and techniques; (l) To determine the amount of supervision necessary; (m) To control the departmental budget; (n) To take whatever actions may be necessary to carry out the mission of Employer in situations of emergency.

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge SECTION 1. The FOP recognizes the prerogative and responsibility of the Employer to operate and manage its affairs in all respects and in accordance with its responsibilities, . The powers and the powers of authority which the Employer has not officially abridged, delegated, granted, granted or modified by this Agreement are retained by the Employer, and all rights, powers, powers and authority the Employer had prior to the signing of this Agreement Agreement, are retained by the Employer and remain exclusively without limitation within the rights of the Employer. Section 2.2 SECTION 2. Except as may be limited herein, the Employer retains the rights in accordance with the constitution Constitution and laws of the State state of Oklahoma and the responsibilities and duties contained in the Charter of the City of Tulsa Midwest City and the ordinances ordinance's and regulations promulgated thereunder as followsthere under. These rights shall include, but shall not be limited to, the rights: (a) A. To determine and enforce Police Department policy policy, rules, regulations and orders, including the rights right to manage the affairs of the Police Department Department, so long as the same are not punitive in all respectsnature and so long as they do not affect mandatory subjects of bargaining which are required to be negotiated; (b) B. To assign working hours, including overtime; (c) C. To direct the members of the Police Department, including the right to hire, promote, or transfer any employee; (d) To discipline, suspend suspend, demote or terminate for the good of the service, any employee member of the Police Department, subject to other provisions of this Agreement, including the procedure found in Article 10. The FOP recognizes the standard “Just Cause”/ "for the good of the service" when its use is fair, proper, and sufficient cause (good and sufficient cause is synonymous with "just cause");reasonable under the circumstances. (e) D. To determine the organizational chart table of organization of the Police Department, including the right to organize and reorganize the Police Department and Department; however, such actions by the determination Employer shall not be punitive in nature. If any new rank is established, it will be filled as otherwise provided in this Agreement. In the event a new classification is established, the selection for that classification will be a competitive process designed by management to meet the needs of management; E. To establish or determine new job classifications and ranks based upon duties assigned, provided, however, such new job classifications shall not reduce the pay of any current officer; (f) F. To determine the location, means, methods and personnel by which operations are to be conducted; G. To determine the safety, health, health and property protection measures for the Police Department; (g) To allocate and assign work . In making such determinations, due regard will be given to all Employees within the safety of the officers of the Midwest City Police Department; (h) H. To be the sole judge of the qualifications of applicants and training of new Employeesemployees; (i) I. To schedule set the operations and standards for services to determine be Offered to the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtimepublic; (j) To establish and enforce Police Department rules, regulations, and orders; (k) J. To introduce new, improved, improved or different methods and techniques of operation of the Police Department operation or change existing methods and techniques; (l) K. To determine reasonable means and methods of effective communication of any and all rules, regulations and orders to members of the Police Department, provided, however, new rules and regulations shall be reduced, to writing and be made available; L. To determine the amount of supervision necessary; (m) M. To control the departmental budget, subject to the mandates of this contract; (n) N. To take whatever actions may be reasonably necessary to carry out the mission of the Employer in situations of emergency.

MANAGEMENT RIGHTS AND RESPONSIBILITIES. Section 2.1 Lodge 4.1 The Union recognizes the prerogative of the Employer to operate and manage its affairs in all respects respect and in accordance with its responsibilitiesresponsibilities and the powers and authority which the Employer has by the Constitution of the State of Oklahoma, State Statute, City Charter, ordinances, codes, rules, regulations, and the powers of authority which Employer has not officially abridged, delegated, granted, or modified by this Agreement are retained by Employer, and all Agreement. All rights, powers, and authority the Employer had prior to the signing of this Agreement agreement, and which are not specifically modified by the Agreement, are retained by Employer the Employer, and remain exclusively and without limitation within the rights of the Employer, except as expressly limited or modified by the terms of this Agreement. Section 2.2 Except 4.2 Nothing in the Agreement shall be interpreted by the Union, nor any arbitrator as may be limited hereinto diminish the rights, powers, and authority of the Employer recognized under the terms of this Agreement. Section 4.3 The Employer retains the rights in accordance with the constitution responsibilities and duties contained in the laws of the State of Oklahoma and the responsibilities and duties contained in the Charter of the City of Tulsa and the ordinances and regulations promulgated thereunder as followsthereunder, including without limitation: (a) a. To determine Police Department policy policy, including the rights right to manage the affairs of the Police Department in all respects; (b) b. To assign working hours, including overtimeovertime hours; (c) c. To direct the members of the Police Department, including the right to hire, promotetransfer, promote and assign any police officer according to Police Department or City policy, or transfer to discipline, suspend, demote, discharge, or take any employeeother disciplinary action regarding any officer for just cause; (d) d. To disciplinelayoff, suspend or terminate any employee for good and sufficient cause (good and sufficient cause is synonymous furlough employees pursuant to an agreement with "just cause")the FOP; (e) e. To determine the organizational chart table of organization of the Police Department, including the right to organize and reorganize the Police Department and Department, the determination of job classifications and ranks based upon duties assignedassigned by the Chief of Police, the ranks within the Police Department, the number of positions authorized for each rank in the Police Department budget, and the elimination of positions within the Police Department; (f) f. To determine the safety, health, and property protection measures for the Police Department; (g) g. To allocate and assign work to all Employees employees within the Police Department; (h) h. To be the sole judge of the qualifications of applicants and training of new Employeesemployees; (i) i. To be the sole judge of candidates for promotion based on skills and experience, subject to any promotional policy bargained by the parties; j. To be the sole judge of performance and evaluation of officers, and set the standards for performance and evaluation of performance, based on the performance evaluation form in Appendix K; k. To schedule the operations and to determine of the number and duration of hours of assigned duty per work period provided that any hours worked in excess of forty (40) hours per work period shall be considered overtimedepartment; (j) l. To establish establish, implement, modify, revise, eliminate and enforce Police Department and City rules, regulations, orders, and orderspractices at any time during this Agreement; (k) m. To introduce implement new, improved, or different methods and techniques of operations of the Police Department operation department or change existing methods and techniques, including making changes in operations to utilize new or different technology for improved service to the public or more cost-effective use of City and department resources; (l) n. To determine the amount of supervision necessary; (m) o. To control control, amend and revise the departmental and City budget; (n) p. To determine how to provide quality and efficient policing services to the public with the tax revenues provided by residents; and q. To take whatever actions may be necessary to carry out the mission of the Employer in situations of emergency, as long as the Mayor or the City Manager has declared a state of emergency in the City.