Common use of Retained Rights Clause in Contracts

Retained Rights. 18.1 All matters not specifically enumerated as within the scope of negotiations in Government Code, Section 3543.2 and specifically limited by provisions of this agreement, or limited by statutory provision, are reserved to the District. It is agreed that such reserved right and power to determine, implement, supplement, change, modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 18.1.1 The legal, operational, geographical, or organizational structure of the District, including the chain of command, division and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 18.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes, and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices, all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund provisions of this agreement; 18.1.3 The acquisition, disposition, number, location, types, and utilization of all District properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas, and other improvements; and the personnel, work, service and activity functions assigned to such properties; 18.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public, and the nature, methods, quality, quantity, frequency and standards of services, and the 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 including educational, support, construction, maintenance, and repair service; 18.1.5 The utilization, for limited periods of time, of personnel not covered by this agreement, including, but not limited to, the personnel occupying positions listed as “excluded” in Article 2 of this agreement, to do work which is normally done by employees covered hereby, and the methods of selection and assignments of such personnel; 18.1.6 The selection, classification, direction, and promotion of all personnel in the District; the demotion, discipline, and termination of all personnel of the District; the assignment of employees to any location, and also to any facilities, classrooms, functions, activities, academic subject matters, departments, tasks or equipment (subject only to the provisions of Article 6, “Transfers”); and the determination as to whether, when, and where there is a job opening subject only to the provisions of Article 6; 18.1.7 The job classification and the content qualifications thereof; the rates of pay for any new classifications implemented during the terms of this agreement; 18.1.8 The duties and standards of performance for all employees, and whether any employee adequately performs such duties and meets such standards subject only to the provisions of Article 4, “Evaluation Procedures”; 18.1.9 The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; the college's instructional calendar; the assignment of paid work days beyond the regular assigned work year; the assignment of overtime subject only to the provisions of Article 11, “Wages”; and Article 3, “Hours of Employment”; 18.1.10 Safety and security measures for students, employees, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to the provisions of Article 5, “Safety Conditions of Employment”; 18.1.11 The retirement of employees for disability, as limited by provisions of law; 18.1.12 The lawful termination or layoff of employees as the result of the exercises of any of the rights enumerated above, or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this agreement. 18.2 All other rights of management not expressly limited by the clear and explicit language of this agreement are also expressly reserved to the District even though not enumerated above; and the express provisions of this agreement constitute the only contractual limitations upon the District's rights. 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 the right in a different manner. 18.3 Any dispute arising out of, or in any way connected with, either the existence of, or the exercise of, any of the rights of the District not expressly limited by the clear and explicit language of this agreement, or arising out of, or in any way connected with, the effects of the exercise of any of such rights, is not subject to the grievance provisions set forth in Article 10.

Retained Rights. 18.1 A. All matters not specifically enumerated as within the scope of negotiations in Government CodeCode 3543.2, Section 3543.2 and specifically all matters not limited by provisions the express terms of other articles of this agreement, or limited by statutory provisionAgreement, are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify, modify or discontinue, in whole or in part, temporarily or permanently, any of the following, subject only to paragraph C of this article: 18.1.1 1. The legal, operational, geographical, or and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 18.1.2 2. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices, ; all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly required to be allocated to fund provisions the wage and benefit obligations of this agreementAgreement; 18.1.3 3. The acquisition, disposition, number, location, types, types and utilization of all District real properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas, areas and other improvements; , and the personnel, work, service and activity functions assigned to such properties; 18.1.4 4. All services to be rendered to the public and to District personnel in support of the services rendered to the public, and ; the nature, methods, quality, quantity, frequency and standards of servicesservice, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment, equipment and tools to be used in connection with such services, ; the lawful subcontracting of services to be rendered and functions to be performed performed, including educational, support, construction, maintenance, maintenance and repair serviceservices; 18.1.5 5. The utilization, for limited periods of time, utilization of personnel not covered by this agreementAgreement, including, including but not limited toto casual, the personnel occupying positions listed as “excluded” in Article 2 of this agreementtemporary and provisional personnel, to do work which is normally done by employees covered herebyconsultants, instructional aides and supervisory or managerial personnel, and the methods of selection and assignments assignment of such personnel; 18.1.6 6. The educational policies, procedures, objectives, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, transfers of students, grade-level advancement, guidance, grading, testing, records, health and safety, conduct, discipline of students, transportation, food services, racial and ethnic balance, extra-curricular and co-curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, all personnel of the District and the public with respect to such matters. The District shall consult with the Association and/or unit members on matters pertaining to goals, programs, curriculum, course content and textbook selection as set forth in specific sections agreed to herein. 7. Selection, classification, direction, and promotion of all personnel in the District; the promotion, demotion, discipline, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees unit members to any locationlocation (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, grade levels, departments, tasks or equipment (subject only to the provisions of Article 6, “Transfers”)equipment; and the determination as to whether, when, when and where there is a job opening subject only to the provisions of Article 6opening; 18.1.7 8. The job classification and the content and qualifications thereof; the rates of pay for any new classifications implemented during the terms of this agreement; 18.1.8 9. The duties and standards of performance for all employees, unit members; and whether any employee unit member adequately performs such duties and meets such standards subject only to the provisions of Article 4, “Evaluation Procedures”standards; 18.1.9 10. The dates, times, times and hours of operation of District facilities, functions, and activities; work schedules; the college's instructional calendar; the assignment of paid work days beyond the regular assigned work year; the assignment of overtime subject only to the provisions of Article 11, “Wages”; and Article 3, “Hours of Employment”; 18.1.10 11. Safety and security measures for students, employees, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to the provisions of Article 5, “Safety Conditions of Employment”; 18.1.11 12. The rules, regulations and policies for all employees, students and the public; 13. The retirement of employees unit members for age or disability, as limited by provisions of law;; and 18.1.12 14. The lawful termination or layoff of employees unit members as the result of the exercises exercise of any of the rights enumerated above, above or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this agreementDistrict. 18.2 B. All other rights of management not expressly limited by the clear and explicit language of this agreement are also expressly reserved to the District even though not enumerated above; and the express provisions , subject only to paragraph C of this agreement constitute the only contractual limitations upon the District's rightsarticle. The exercise of any right reserved to the District herein in a particular manner, manner or the non-exercise of any such right, right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. 18.3 C. It is not the intention of the parties in setting forth the above-mentioned rights of the District to detract from or diminish in any way the rights of the Association and/or unit members as expressly set forth elsewhere in this Agreement, including but not limited to the consultation rights of Article XVII, and if there is a direct conflict between the rights hereinabove set forth and the specific terms of another article of this Agreement, the language of the latter shall prevail. D. Any dispute arising out of, of or in any way connected with, with either the existence of, of or the exercise of, of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language other specific provisions of this agreementAgreement, or arising out of, of or in any way connected with, with the effects of the exercise of any of such rights, is not subject to the grievance provisions set forth procedure unless the grievance in Article 10question is a complaint that the District has violated an express provision of some other article of this Agreement, which article is itself subject to arbitration.

Retained Rights. 18.1 2.1 All matters which are not specifically enumerated as within the scope of negotiations in Government CodeCode 3543.2, Section 3543.2 and specifically or which are not limited by provisions the express terms of other articles of this agreement, or limited by statutory provisionAgreement, are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 18.1.1 2.1.1 The legal, operational, geographical, or and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 18.1.2 2.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices, ; all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control controls policies and procedures, and all budgetary allocations, reserves, and expenditures expenditures, apart from those expressly allocated to fund provisions the agreed upon wage obligations of this agreementAgreement; 18.1.3 2.1.3 The acquisition, disposition, number, location, types, types and utilization utilizations of all District propertiesproperties and equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas, areas and other improvements; , and the personnel, work, service and activity functions assigned to such properties; 18.1.4 2.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public, and the nature, methods, quality, quantity, frequency and standards of servicesservice, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment, equipment and tools to be used in connection with such services, ; the lawful subcontracting of services to be rendered and functions to be performed performed, including educational, support, construction, maintenance, maintenance and repair serviceservices, subject only to Code restrictions upon same and to the consultation rights of the Union under Article 4; 18.1.5 2.1.5 The utilization, for limited periods of time, utilization from time to time of personnel not covered by this agreementAgreement, including, including but not limited toto consultants, the and personnel occupying positions listed as “excluded” "Excluded" in Article 2 1 of this agreementAgreement, to do work which is normally done by employees unit members covered hereby, and the methods of selection and assignments assignment of such personnel, subject only to the consultation rights of the Union under Article 4; 18.1.6 2.1.6 The educational policies, procedures, objectives, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, student transfers, grade level advancement, guidance, grading, testing, records, health and safety, conduct, discipline, transportation, food services, racial and ethnic balance, extracurricular and co-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public with respect to such matters; 2.1.7 The selection, classification, direction, and promotion of all personnel in the District; the promotion, demotion, discipline, discipline and termination of all personnel of the District; the creation and abolition of positions; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees unit members to any locationlocation (subject to Article 7, Transfers) and also to any facilities, classrooms, functions, activities, academic subject matters, departments, tasks or equipment (subject only to equipment; staffing levels, workloads, and the provisions number of Article 6, “Transfers”)unit members; and the determination as to whether, when, when and where there is a job opening subject only to the provisions of Article 6opening; 18.1.7 2.1.8 The job classification classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the terms term of this agreementthe Agreement; 18.1.8 2.1.9 The duties and standards of performance for all employees, unit members; and whether any employee unit member adequately performs such duties and meets such standards subject only to the provisions of Article 4, “Evaluation Procedures”standards; 18.1.9 2.1.10 The dates, times, times and hours of operation of District facilities, functions, and activities; , work schedules; the college's instructional school calendar; the assignment of paid work duty days beyond the regular assigned work duty year; the assignment of overtime subject only to the provisions of Article 11, “Wages”; and Article 3, “Hours of Employment”overtime; 18.1.10 2.1.11 Safety and security measures for unit members, students, employees, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters; 2.1.12 The rules, regulations and policies for all unit members, students and the public, subject only to the provisions of Article 5, “Safety Conditions of Employment”clear and explicit limitations contained in this Agreement; 18.1.11 2.1.13 The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans; and 2.1.14 The retirement of employees unit members for age or disability, as limited by provisions of law; 18.1.12 The lawful termination or layoff of employees as the result of the exercises of any of the rights enumerated above, or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this agreement. 18.2 2.2 All other rights of management not expressly limited by the clear and explicit language of this agreement Agreement are also expressly reserved to the District even though not enumerated above; , and the express provisions of this agreement Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner, manner or the non-exercise of any such right, right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. 18.3 2.3 It is not the intention of the parties, in setting forth the above-mentioned rights of the District, to detract or diminish in any way the rights of the Union or of unit members as expressly set forth elsewhere in this Agreement; and if there is a direct conflict between the above-mentioned District rights and the express terms of another Article of this Agreement, the language of the latter shall prevail. 2.4 The above-mentioned reserved rights of the District shall be deemed to include the right of the Personnel Commission to establish lawful rules and regulations applicable to unit members. However, in the event of a direct conflict between such rules or regulations and the express terms of this Agreement, the latter shall prevail. 2.5 Any dispute arising out of, of or in any way connected with, with either the existence of, of or the exercise of, of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this agreementAgreement, or arising out of, of or in any way connected with, with the effects of the exercise of any of such rights, is not subject to the grievance provisions set forth in Article 105, unless the grievance in question is a complaint that the District has violated an express provision of some other Article of this Agreement, which Article is itself subject to the grievance procedure.

Retained Rights. 18.1 All Subject to the foregoing qualifications, it is agreed that all matters which are not specifically enumerated mentioned as within the scope of negotiations negotiation in Government CodeGovernmental Code Section 3543.2, Section 3543.2 and specifically also all powers and rights which are not limited by provisions the terms of this agreement, or limited by statutory provisionAgreement, are reserved to retained by the District. It is agreed that such reserved Such retained rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify, or discontinue, in whole or in part, temporarily or permanently, any of the followingto: 18.1.1 The 4.2.1 Determine the legal, operational, geographical, or and organizational structure of the District, including the chain of command, division and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 18.1.2 The financial structure of the District, including 4.2.2 Determine all sources and amounts of financial support, income, funding, taxes, and debt, support for the District and all means and or conditions necessary or incidental to securing the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; ; 4.2.3 Determine all investment policies and practices, all budgetary budget matters and procedures, procedures including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expenditures expressly allocated to fund provisions required by other Articles of this agreementAgreement; 18.1.3 The 4.2.4 Determine the number, type and location of all District owned or controlled properties, grounds, facilities and other improvements, including the acquisition, disposition, number, location, types, disposal and utilization of all District propertiessame and the work, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areasservice, and other improvementsactivity functions assigned to each of such properties; 4.2.5 Determine the duties and types of services to be rendered; the job content and qualifications of employees; the methods, frequency, and standards of services; performance standards; and the personnel, worksupplies, service materials and activity functions assigned equipment to such propertiesbe used; 18.1.4 All services 4.2.6 Determine, subject to be rendered to the public and to District personnel in support consultation rights of the services rendered to Association under Government Code 3543.2, the publiceducational policies, procedures, objectives, goals, and the natureprograms, methodsincluding those relating to curriculum, quality, quantity, frequency and standards of services, and the 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 including educational, support, construction, maintenance, and repair service; 18.1.5 The utilization, for limited periods of time, of personnel not covered by this agreement, including, but not limited to, the personnel occupying positions listed as “excluded” in Article 2 of this agreement, to do work which is normally done by employees covered hereby, and the methods of selection and assignments of such personnel; 18.1.6 The textbook selection, classificationpupil placement, directionguidance, grading, testing, records, pupil conduct and promotion of all personnel in the District; the demotion, discipline, and termination of all extracurricular and co- curricular activities; 4.2.7 Select, classify, direct, utilize, promote, demote, lay off, terminate (subject to Education Code provisions) and retire any personnel of the District; the assignment of ; 4.2.8 Assign employees to any location, and also to any facilities, classrooms, functions, activities, academic subject mattersspecialties, departments, tasks or equipment (subject only departments and grade levels; 4.2.9 Determine staffing patterns including but not limited to the provisions number of Article 6, “Transfers”); and the determination as to whether, when, and where there is a job opening subject only to the provisions of Article 6employees; 18.1.7 The 4.2.10 Determine the job classification classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the terms of this agreement; 18.1.8 The duties 4.2.11 Determine the affirmative action and standards of performance for all employees, equal employment policies and whether any employee adequately performs such duties and meets such standards subject only to the provisions of Article 4, “Evaluation Procedures”programs; 18.1.9 The 4.2.12 Determine the dates, times, times and hours of operation of any District facilitiesfacility function, functionsservice or activity; 4.2.13 Determine the rules, regulations and policies for all employees, students, and activities; work schedules; the college's instructional calendar; the assignment of paid work days beyond the regular assigned work year; the assignment of overtime subject only to the provisions of Article 11, “Wages”; and Article 3, “Hours of Employment”public; 18.1.10 Safety 4.2.14 Determine safety and security measures for employees, students, employees, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters; and 4.2.15 Determine, subject only to the provisions extent permitted by the Education Code, the utilization of Article 5persons not covered by this Agreement to do work which is normally done by persons covered hereby, “Safety Conditions and the methods of Employment”;selection and assignment of such personnel. 18.1.11 4.2.16 The retirement of employees for disability, as limited by provisions of law; 18.1.12 The lawful termination or layoff of employees as the result of the exercises of any of the rights enumerated above, or as a result of the exercise of any of the -mentioned rights of the District not limited are listed by the clear and explicit language way of this agreement. 18.2 All other rights of management not expressly limited by the clear and explicit language of this agreement are also expressly reserved to the District even though not enumerated above; example rather than limitation, and the express provisions of this agreement Agreement constitute the only contractual limitations upon the District's ’s rights. The exercise of any right reserved to the District herein in this Article in a particular manner, or the non-exercise of any such right, shall not be deemed a waiver of the District's ’s right or preclude the District from exercising the right in a different manner. 18.3 Any dispute arising out of, or in any way connected with, either the existence of, or the exercise of, any of the rights of the District not expressly limited by the clear and explicit language of this agreement, or arising out of, or in any way connected with, the effects of the exercise of any of such rights, is not subject to the grievance provisions set forth in Article 10.

Retained Rights. 18.1 A. All matters which are not specifically enumerated as within the scope of negotiations in Government CodeCode 3543.2, Section 3543.2 and specifically or which are not limited by provisions the express terms of other articles of this agreement, or limited by statutory provisionAgreement, are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 18.1.1 1. The legal, operational, geographical, or and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 18.1.2 2. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices, ; all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control controls policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund provisions of this agreementexpenditures; 18.1.3 3. The acquisition, disposition, number, location, types, types and utilization utilizations of all District propertiesproperties and equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas, areas and other improvements; , and the personnel, work, service and activity functions assigned to such properties; 18.1.4 4. All services to be rendered to the public and to District personnel in support of the services rendered to the public, and ; the nature, methods, quality, quantity, frequency and standards of servicesservice, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment, equipment and tools to be used in connection with such services, ; the lawful subcontracting of services to be rendered and functions to be performed performed, including educational, support, construction, maintenance, maintenance and repair serviceservices; 18.1.5 5. The utilization, for limited periods of time, utilization from time to time of personnel not covered by this agreementAgreement, including, including but not limited toto consultants, the and personnel occupying positions listed as “excluded” "Excluded" in Article 2 I of this agreement, to do work which is normally done by employees covered herebyAgreement, and the methods of selection and assignments assignment of such personnel; 18.1.6 6. The educational policies, procedures, objectives, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, student transfers, grade level advancement, guidance, grading, testing, records, health and safety, conduct, discipline, transportation, food services, racial and ethnic balance, extracurricular and co-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public with respect to such matters; 7. The selection, classification, direction, and promotion of all personnel in the District; the promotion, demotion, discipline, discipline and termination of all personnel of the District; the creation and abolition of positions; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locationlocation (subject to Article VIII, Transfers) and also to any facilities, classrooms, functions, activities, academic subject matters, departments, tasks or equipment (subject only to equipment; staffing levels, work loads, and the provisions number of Article 6, “Transfers”)employees; and the determination as to whether, when, when and where there is a job opening subject only to the provisions of Article 6opening; 18.1.7 8. The job classification classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the terms term of this agreementthe Agreement; 18.1.8 9. The duties and standards of performance for all employees, ; and whether any employee adequately performs such duties and meets such standards subject only to the provisions of Article 4, “Evaluation Procedures”standards; 18.1.9 10. The dates, times, times and hours of operation of District facilities, functions, and activitiesactivities (subject to Article VII, Hours of Employment); work schedules; the college's instructional and school calendar; the assignment of paid work duty days beyond the regular assigned work duty year; the assignment of overtime subject only to the provisions of Article 11, “Wages”; and Article 3, “Hours of Employment”overtime; 18.1.10 11. Safety and security measures for employees, students, employees, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters; 12. The rules, regulations and policies for all employees, students and the public, subject only to the provisions of Article 5, “Safety Conditions of Employment”clear and explicit limitations contained in this Agreement; 18.1.11 13. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans; and 14. The retirement of employees for age or disability, as limited by provisions of law; 18.1.12 The lawful termination or layoff of employees as the result of the exercises of any of the rights enumerated above, or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this agreement. 18.2 B. All other rights of management not expressly limited by the clear and explicit language of this agreement Agreement are also expressly reserved to the District even though not enumerated above; , and the express provisions of this agreement Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner, manner or the non-exercise of any such right, right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. 18.3 C. It is not the intention of the parties, in setting forth the above-mentioned rights of the District, to detract or diminish in any way the rights of the Association or of unit members as expressly set forth elsewhere in this Agreement; and if there is a direct conflict between the above-mentioned District rights and the express terms of another Article of this Agreement, the language of the latter shall prevail. D. The above-mentioned reserved rights of the District shall be deemed to include the right of the Personnel Commission to establish lawful rules and regulations applicable to unit members. However, in the event of a direct conflict between such rules or regulations and the express terms of this Agreement, the latter shall prevail. E. Any dispute arising out of, of or in any way connected with, with either the existence of, of or the exercise of, of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this agreementAgreement, or arising out of, of or in any way connected with, with the effects of the exercise of any of such rights, is not subject to the grievance provisions set forth in Article 10V, unless the grievance in question is a complaint that the District has violated an express provision of some other Article of this Agreement, which Article is itself subject to the grievance procedure.

Retained Rights. 18.1 A. All matters not specifically enumerated as within the scope of negotiations in Government CodeCode Section 3543.2, Section 3543.2 and specifically all rights and powers not limited by provisions the express terms of other Articles of this agreement, or limited by statutory provisionAgreement, are reserved to the DistrictOffice. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify, or discontinue, in whole or in part, temporarily or permanently, any of determine the following: 18.1.1 1. The legal, operational, geographical, or and organizational structure of the DistrictOffice, including the chain of command, division and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 18.1.2 2. The financial structure of the DistrictOffice, including all sources and amounts of financial support, income, funding, taxes, and debtdebts, and all means and or conditions necessary or incidental to securing the securing of same, including full compliance with any and all federal, state, and/or local regulations, qualifications or requirements imposed posed by law or by funding sources as a condition of to receiving funds; all investment policies and practicesfunding, all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund provisions the wage and benefit obligations of this agreementAgreement; 18.1.3 3. The acquisition, disposition, number, location, types, and utilization of all District Office properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas, and other improvements; , and the personnel, work, service service, and activity functions assigned to such properties; 18.1.4 4. All services to be rendered to the public public, to school districts, to the State Department of Education, and to District the State Superintendent of Public Instruction; all services to be rendered to Office personnel in support of the services rendered to the public, and aforementioned services; the nature, methods, quality, quantity, frequency and standards of services, and the personnel, facilities, vendors, supplies, materials, vehicles, and equipment, and tools to be used in connection with such services; and, subject to Educational Code restrictions, the lawful subcontracting of services to be rendered and functions to be performed performed, including educational, support, construction, maintenance, and repair serviceservices, and staffing patterns, the types of personnel required, and contracting out of work. However, the parties agree that there shall be no reductions or layoffs of unit members as a result of any such contracting of services; 18.1.5 5. The utilization, for limited periods of time, utilization of personnel not covered by this agreementAgreement, including, including but not limited toto substitute, the personnel occupying positions listed as “excluded” in Article 2 of this agreementtemporaries and supervisory, confidential or managerial personnel, to do work which is normally done by employees personnel covered hereby, and the methods of selection and assignments of such personnel; 18.1.6 6. The selection, classification, direction, and promotion of all personnel in the District; the promotion, demotion, discipline, termination, layoff, and termination retirement of all personnel of the DistrictOffice subject only to limitations of law; the duties and standards of performance for all employees; affirmative action and equal employment policies and programs to improve the Office’s utilization of women, handicapped, and other minorities; the assignment of any employees to any locationlocation (subject to Article X, Transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, departments, tasks or equipment (subject only to equipment; the provisions number of Article 6employees, “Transfers”); and the determination as to whether, when, and where there is a job opening subject only to the provisions of Article 6opening; 18.1.7 The job classification and the content qualifications thereof; the rates of pay for any new classifications implemented during the terms of this agreement; 18.1.8 The duties and standards of performance for all employees, and whether any employee adequately performs such duties and meets such standards subject only to the provisions of Article 4, “Evaluation Procedures”; 18.1.9 7. The dates, times, and hours of operation of District facilitiesany Office facility, functionsfunction, and activities; work schedules; the college's instructional calendar; the assignment of paid work days beyond the regular assigned work yearservice, or activity; the assignment of overtime (subject only to the provisions of Article 11IX, “Wages”; and Article 3, “Hours of Employment”Compensation); 18.1.10 8. Safety and security measures and rules for students, employeesall personnel, the public, properties, facilities, vehicles, materials, supplies and equipment. B. The right to “determine,” as used above, including includes the various rules right to establish, change, discontinue, in whole or in part, permanently or temporarily, any of the above matters. C. The above-mentioned rights and duties for all personnel powers of the Office are also intended to include and preserve the rights and powers of the Personnel Commission as prescribed by law. In accordance with respect to such matters, subject only to the provisions of Article 5Education Code Section 45261, “Safety Conditions of Employment”; 18.1.11 The retirement of employees for disability, as limited by provisions of law; 18.1.12 The lawful termination or layoff of employees as the result this agreement supersedes rules of the exercises of any of the rights enumerated aboveCommission, or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this agreementin areas specified. 18.2 All other rights of management not expressly limited by the clear and explicit language of this agreement are also expressly reserved to the District even though not enumerated above; and the express provisions of this agreement constitute the only contractual limitations upon the District's rights. D. The exercise of any right herein reserved to the District herein Office in a particular manner, or the non-exercise nonexercise of any such right, shall not be deemed as a waiver of the District's Office’s right or nor preclude the District Office from exercising the right in a different manner. 18.3 E. Any dispute arising out of, of or in any way connected with, with either the existence of, of or the exercise of, of any of the above-described rights of the District not expressly limited by the clear and explicit language of this agreementOffice, or arising out of, of or in any way connected with, with the effects of the exercise of any of such rights, is not subject to the grievance provisions set forth in Article 10V. However, nothing herein shall prohibit the filing or processing of a grievance alleging violation of an express term of some other Article of this Agreement, which Article is itself subject to the grievance procedure.

Retained Rights. 18.1 All matters not specifically enumerated as within the scope of negotiations in Government Code, Section 3543.2 and specifically limited by provisions of this agreement, or limited by statutory provision, are reserved to the District. It is agreed that such reserved right and power to determine, implement, supplement, change, modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 18.1.1 The legal, operational, geographical, or organizational structure of the District, including the chain of command, division and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 18.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes, and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices, all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund provisions of this agreement; 18.1.3 The acquisition, disposition, number, location, types, and utilization of all District properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas, and other improvements; and the personnel, work, service and activity functions assigned to such properties; 18.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public, and the nature, methods, quality, quantity, frequency and standards of services, and the 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 including educational, support, construction, maintenance, and repair service; 18.1.5 The utilization, for limited periods of time, of personnel not covered by this agreement, including, but not limited to, the personnel occupying positions listed as “excluded” excluded in Article 2 of this agreement, to do work which is normally done by employees covered hereby, and the methods of selection and assignments of such personnel; 18.1.6 The selection, classification, direction, and promotion of all personnel in the District; the demotion, discipline, and termination of all personnel of the District; the assignment of employees to any location, and also to any facilities, classrooms, functions, activities, academic subject matters, departments, tasks or equipment (subject only to the provisions of Article 6, “Transfers”Transfers ); and the determination as to whether, when, and where there is a job opening subject only to the provisions of Article 6; 18.1.7 The job classification and the content qualifications thereof; the rates of pay for any new classifications implemented during the terms of this agreement; 18.1.8 The duties and standards of performance for all employees, and whether any employee adequately performs such duties and meets such standards subject only to the provisions of Article 4, “Evaluation Procedures”Procedures ; 18.1.9 The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; the college's instructional calendar; the assignment of paid work days beyond the regular assigned work year; the assignment of overtime subject only to the provisions of Article 11, “Wages”Wages ; and Article 3, “Hours of Employment”; 18.1.10 Safety and security measures for students, employees, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to the provisions of Article 5, “Safety Conditions of Employment”; 18.1.11 The retirement of employees for disability, as limited by provisions of law; 18.1.12 The lawful termination or layoff of employees as the result of the exercises of any of the rights enumerated above, or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this agreement. 18.2 All other rights of management not expressly limited by the clear and explicit language of this agreement are also expressly reserved to the District even though not enumerated above; and the express provisions of this agreement constitute the only contractual limitations upon the District's rights. 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 the right in a different manner. 18.3 Any dispute arising out of, or in any way connected with, either the existence of, or the exercise of, any of the rights of the District not expressly limited by the clear and explicit language of this agreement, or arising out of, or in any way connected with, the effects of the exercise of any of such rights, is not subject to the grievance provisions set forth in Article 10.,

Retained Rights. 18.1 A. All matters which are not specifically enumerated as within the scope of negotiations in Government CodeCode 3543.2, Section 3543.2 and specifically or which are not limited by provisions the express terms of other articles of this agreement, or limited by statutory provisionAgreement, are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 18.1.1 1. The legal, operational, geographical, or and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 18.1.2 2. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices, ; all budgetary matters and procedures, including the budget calendarbudget, the budget formation process, accounting methods, fiscal and budget control controls policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund provisions of this agreementexpenditures; 18.1.3 3. The acquisition, disposition, number, location, types, types and utilization utilizations of all District propertiesproperties and equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas, areas and other improvements; , and the personnel, work, service and activity functions assigned to such properties; 18.1.4 4. All services to be rendered to the public and to District personnel in support of the services rendered to the public, and ; the nature, methods, quality, quantity, frequency and standards of servicesservice, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment, equipment and tools to be used in connection with such services, ; the lawful subcontracting of services to be rendered and functions to be performed performed, including educational, support, construction, maintenance, maintenance and repair serviceservices; 18.1.5 5. The utilization, for limited periods of time, utilization from time to time of personnel not covered by this agreementAgreement, including, including but not limited toto consultants, the and personnel occupying positions listed as “excluded” "Excluded" in Article 2 I of this agreement, to do work which is normally done by employees covered herebyAgreement, and the methods of selection and assignments assignment of such personnel; 18.1.6 6. The educational policies, procedures, objectives, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, student transfers, grade level advancement, guidance, grading, testing, records, health and safety, conduct, discipline, transportation, food services, racial and ethnic balance, extracurricular and co-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public with respect to such matters; 7. The selection, classification, direction, and promotion of all personnel in the District; the promotion, demotion, discipline, discipline and termination of all personnel of the District; the creation and abolition of positions; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees unit members to any locationlocation (subject to Article VIII, Transfers) and also to any facilities, classrooms, functions, activities, academic subject matters, departments, tasks or equipment (subject only to equipment; staffing levels, work loads, and the provisions number of Article 6, “Transfers”)employees; and the determination as to whether, when, when and where there is a job opening subject only to the provisions of Article 6opening; 18.1.7 8. The job classification classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the terms term of this agreementthe Agreement; 18.1.8 9. The duties and standards of performance for all employees, unit members; and whether any employee unit member adequately performs such duties and meets such standards subject only to the provisions of Article 4, “Evaluation Procedures”standards; 18.1.9 10. The dates, times, times and hours of operation of District facilities, functions, and activitiesactivities (subject to Article VII, Hours of Employment); work schedules; the college's instructional and school calendar; the assignment of paid work duty days beyond the regular assigned work duty year; the assignment of overtime subject only to the provisions of Article 11, “Wages”; and Article 3, “Hours of Employment”overtime; 18.1.10 11. Safety and security measures for employees, students, employees, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters; 12. The rules, regulations and policies for all employees, students and the public, subject only to the provisions of Article 5, “Safety Conditions of Employment”clear and explicit limitations contained in this Agreement; 18.1.11 13. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans; and 14. The retirement of employees unit members for age or disability, as limited by provisions of law; 18.1.12 The lawful termination or layoff of employees as the result of the exercises of any of the rights enumerated above, or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this agreement. 18.2 B. All other rights of management not expressly limited by the clear and explicit language of this agreement Agreement are also expressly reserved to the District even though not enumerated above; , and the express provisions of this agreement Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner, manner or the non-non- exercise of any such right, right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. 18.3 C. It is not the intention of the parties, in setting forth the above-mentioned rights of the District, to detract or diminish in any way the rights of the Association or of unit members as expressly set forth elsewhere in this Agreement; and if there is a direct conflict between the above-mentioned District rights and the express terms of another Article of this Agreement, the language of the latter shall prevail. D. The above-mentioned reserved rights of the District shall be deemed to include the right of the Personnel Commission to establish lawful rules and regulations applicable to unit members. However, in the event of a direct conflict between such rules or regulations and the express terms of this Agreement, the latter shall prevail. E. Any dispute arising out of, of or in any way connected with, with either the existence of, of or the exercise of, of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this agreementAgreement, or arising out of, of or in any way connected with, with the effects of the exercise of any of such rights, is not subject to the grievance provisions set forth in Article 10V, unless the grievance in question is a complaint that the District has violated an express provision of some other Article of this Agreement, which Article is itself subject to the grievance procedure.

Retained Rights. 18.1 1. All matters not specifically enumerated as within the scope of negotiations in Government Code, Section Code 3543.2 and specifically limited by provisions of this agreement, or limited by statutory provision, are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 18.1.1 1.1. The legal, operational, geographical, or and organizational structure of the District, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees;. 18.1.2 1.2. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices, ; all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund provisions the wage and benefit obligations of this agreement;Agreement. 18.1.3 1.3. The acquisition, disposition, number, location, types, types and utilization of all District properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas, and other improvements; , and the personnel, work, service and activity functions assigned to such properties;. 18.1.4 1.4. All services to be rendered to the public and to District personnel in support of the services rendered to the public, and ; the nature, methods, quality, quantity, frequency and standards of servicesservice, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment, equipment and tools to be used in connection with such services, ; the lawful subcontracting of services to be rendered and functions to be performed performed, including educational, support, construction, maintenance, maintenance and repair service;services. 18.1.5 1.5. The utilization, for limited periods of time, utilization of personnel not covered by this agreementAgreement, including, including but not limited toto substitutes, the personnel occupying positions listed as “excluded” in Article 2 of this agreementcasual, and provisional personnel, consultants, instructional aides and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selection and assignments assignment of such personnel;. 18.1.6 1.6. The educational policies, procedures, objectives, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, student transfers, grade level advancement, guidance, grading, testing, student records, health and safety, conduct, discipline, transportation, food services, racial and ethnic balance, extra-curricular and co-curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, other personnel and the public with respect to such matters, subject only to such consultation rights of the Association as are provided under Government Code Section 3543.2. 1.7. The selection, classification, direction, and promotion of all personnel in the District; the promotion, demotion, discipline, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any locationlocation (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, grade levels, departments, tasks or equipment (subject only to the provisions of Article 6, “Transfers”)equipment; and the determination as to whether, when, when and where there is a job opening subject only to the provisions of Article 6;opening. 18.1.7 1.8. The job classification classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the terms of this agreement;. 18.1.8 1.9. The duties and standards of performance as determined by law, for all employees, ; and whether any employee adequately performs such duties and meets such standards subject only to the provisions of Article 4, “Evaluation Procedures”;standards. 18.1.9 1.10. The dates, times, times and hours of operation of District facilities, functions, activities, and activities; work schedules; the college's instructional calendar; the assignment of paid work days beyond the regular assigned work year; the assignment of overtime subject only to the provisions of Article 11, “Wages”; and Article 3, “Hours of Employment”;. 18.1.10 1.11. Safety and security measures for students, employees, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters. 1.12. The rules, regulations and policies for all employees, students and the public, subject only to the provisions of Article 5, “Safety Conditions of Employment”;clear and explicit limitations contained in this Agreement. 18.1.11 1.13. The retirement of employees for age or disability, as limited by provisions of law;. 18.1.12 1.14. The lawful termination or layoff of employees as the result of the exercises exercise of any of the rights enumerated above, above or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this agreementAgreement. 18.2 2. It is not the intention of the parties, in setting forth the above-mentioned rights of management, to detract or diminish in any way the rights of the Association or of unit members as expressly set forth elsewhere in this Agreement. It is the parties' intention that the clear and explicit provisions of the other Articles of this Agreement constitute the only contractual limitation upon the District's rights. 3. All other rights of management not expressly limited by the clear and explicit language of this agreement Agreement are also expressly reserved to the District even though not enumerated above; , and the express provisions of this agreement Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner, manner or the non-exercise of any such right, right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. 18.3 4. Any dispute arising out of, of or in any way connected with, with either the existence of, of or the exercise of, of any of the rights of the District set forth herein above, or any other rights of the District not expressly limited by the clear and explicit language of this agreementAgreement, or arising out of, of or in any way connected with, with the effects of the exercise of any of such rights, is not subject to the grievance and arbitration provisions set forth in Article 10Articles VI and VII.

Retained Rights. 18.1 17.1 All matters not specifically enumerated as within the scope of negotiations in Government Code, Section 3543.2 and specifically limited by provisions of this agreement, or limited by statutory provision, are reserved to the District. It is agreed that such reserved right and power to determine, implement, supplement, change, modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 18.1.1 17.1.1 The legal, operational, geographical, or organizational structure of the District, including the chain of command, division and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 18.1.2 17.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes, and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices, all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund provisions of this agreement; 18.1.3 17.1.3 The acquisition, disposition, number, location, types, and utilization of all District properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas, and other improvements; and the personnel, work, service and activity functions assigned to such properties; 18.1.4 17.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public, and the nature, methods, quality, quantity, frequency and standards of services, and the 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 including educational, support, construction, maintenance, and repair service; 18.1.5 17.1.5 The utilization, for limited periods of time, of personnel not covered by this agreement, including, but not limited to, the personnel occupying positions listed as “excluded” ʺexcludedʺ in Article 2 of this agreement, to do work which is normally done by employees covered hereby, and the methods of selection and assignments of such personnel; 18.1.6 17.1.6 The selection, classification, direction, and promotion of all personnel in the District; the demotion, discipline, and termination of all personnel of the District; the assignment of employees to any location, and also to any facilities, classrooms, functions, activities, academic subject matters, departments, tasks or equipment (subject only to the provisions of Article 6, “Transfers”); and the determination as to whether, when, and where there is a job opening subject only to the provisions of Article 6; 18.1.7 17.1.7 The job classification and the content qualifications thereof; the rates of pay for any new classifications implemented during the terms of this agreement; 18.1.8 17.1.8 The duties and standards of performance for all employees, and whether any employee adequately performs such duties and meets such standards subject only to the provisions of Article 4, “Evaluation Procedures”; 18.1.9 17.1.9 The dates, times, and hours of operation of District facilities, functions, and activities; work schedules; the college's collegeʹs instructional calendar; the assignment of paid work days beyond the regular assigned work year; the assignment of overtime subject only to the provisions of Article 11, “Wages”; and Article 3, “Hours of Employment”; 18.1.10 17.1.10 Safety and security measures for students, employees, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters, subject only to the provisions of Article 5, “Safety Conditions of Employment”; 18.1.11 17.1.11 The retirement of employees for disability, as limited by provisions of law; 18.1.12 17.1.12 The lawful termination or layoff of employees as the result of the exercises of any of the rights enumerated above, or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this agreement. 18.2 17.2 All other rights of management not expressly limited by the clear and explicit language of this agreement are also expressly reserved to the District even though not enumerated above; and the express provisions of this agreement constitute the only contractual limitations upon the District's Districtʹs rights. 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 Districtʹs right or preclude the District from exercising the right in a different manner. 18.3 17.3 Any dispute arising out of, or in any way connected with, either the existence of, or the exercise of, any of the rights of the District not expressly limited by the clear and explicit language of this agreement, or arising out of, or in any way connected with, the effects of the exercise of any of such rights, is not subject to the grievance provisions set forth in Article 10.

Retained Rights. 18.1 5 All matters not specifically enumerated as within the scope of negotiations in Government CodeCode 6 Section 3543.2, Section 3543.2 and specifically all rights and powers not limited by provisions the express terms of other Articles of this agreement, or limited by statutory provision7 Agreement, are reserved to the District. It is agreed that such reserved rights include, but are not 8 limited to, the exclusive right and power to determine, implement, supplement, change, modify, or discontinue, in whole or in part, temporarily or permanently, any of determine the following: 18.1.1 10 1. The legal, operational, geographical, or and organizational structure of the District, including the chain of command, division and subdivisions, external and internal boundaries of all kinds, and 11 advisory commissions and committees; 18.1.2 13 2. The financial structure of the District, including all sources and amounts of financial support, income, 14 funding, taxes, and debt, and all means and or conditions necessary or incidental to securing the securing of same, 15 including compliance with any qualifications or requirements imposed posed by law or by funding 16 sources as a condition of receiving funds; all investment policies and practices, all budgetary budget matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary 17 allocations, reserves, and expenditures apart from those expressly allocated to fund provisions the wage 18 and benefit obligations of this agreementAgreement; 18.1.3 20 3. The acquisition, disposition, number, location, types, types and utilization of all District properties, 21 whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas, 22 and other improvements; , and the personnel, work, service and activity functions assigned to 23 such properties; 18.1.4 25 4. All services to be rendered to the public and all services to be rendered to District personnel in 26 support of the services rendered to the public: the nature, the methods, and the nature, methods, quality, quantity, frequency and standards of services, and 27 the personnel, facilities, vendors, supplies, materials, vehicles, equipment, and tools equipment to be used in connection with such 28 services; and, subject to Educational Code restrictions, the lawful subcontracting of services to be 29 rendered and functions to be performed performed, including educational, support, construction, 30 maintenance, and repair serviceservices; 18.1.5 32 5. The utilization, for limited periods of time, lawful utilization of personnel not covered by this agreementAgreement, including, including but not limited toto 33 substitutes, the personnel occupying positions listed as “excluded” in Article 2 of this agreementtemporaries and supervisory, confidential or managerial personnel, to do work 34 which is normally done by employees personnel covered hereby, and the methods of selection and assignments of such personnelsubject to Article V, Section J3; 18.1.6 36 6. The selection, classification, direction, and promotion of all personnel in the District; the promotion, demotion, discipline, termination, lay-off, 37 and termination retirement of all personnel of the District, subject only to limitations of law and Personnel 38 Commission procedures; the duties and standards of performance for all personnel; affirmative 39 action and equal employment policies and programs; the assignment of employees any personnel to any location41 tasks, and also to any facilitiesor equipment; the number of personnel, classrooms, functions, activities, academic subject matters, departments, tasks or equipment (subject only to the provisions of Article 6, “Transfers”); and the determination as to whether, when, when and 42 where there is a job opening subject only to the provisions of Article 6opening; 18.1.7 The job classification and the content qualifications thereof; the rates of pay for any new classifications implemented during the terms of this agreement; 18.1.8 The duties and standards of performance for all employees, and whether any employee adequately performs such duties and meets such standards subject only to the provisions of Article 4, “Evaluation Procedures”; 18.1.9 44 7. The dates, times, and hours of operation of any District facilitiesfacility, functionsfunction, and activitiesservice, or activity; work schedules; the college's instructional calendar; 45 the assignment of paid work days beyond the regular assigned work year; the assignment of overtime subject only to the provisions of Article 11, “Wages”; and Article 3, “Hours of Employment”overtime; 18.1.10 47 8. Safety and security measures and rules for students, employeesall personnel, the public, properties, facilities, 48 vehicles, materials, supplies and equipment; and 1 9. The policies, including the various rules rules, regulations and duties procedures for all personnel with respect to such mattersunit members, students and the public, 2 subject only to the provisions limitations of Article 5, “Safety Conditions other articles of Employment”;this Agreement; and 18.1.11 The retirement of employees for disability, as limited by provisions of law; 18.1.12 The lawful termination or layoff of employees as the result of the exercises of any of the rights enumerated above, or as a result of the exercise of any of the rights of the District 4 10. All other matters not limited by the clear and explicit language express terms of this agreement. 18.2 All other rights Agreement. 6 The right to "determine" as used above includes the right to establish, change or discontinue, in 7 whole or in part, permanently or temporarily, any of management not expressly limited by the clear and explicit language of this agreement are also expressly reserved to the District even though not enumerated above; and the express provisions of this agreement constitute the only contractual limitations upon the District's rightsabove matters. The exercise of any right 8 reserved to the District herein in a particular manner, manner or the non-exercise of any such right, right shall not 9 be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. 18.3 Any dispute arising out of, or in any way connected with, either the existence of, or the exercise of, any of the rights of the District not expressly limited by the clear and explicit language of this agreement, or arising out of, or in any way connected with, the effects of the exercise of any of such rights, is not subject to the grievance provisions set forth in Article 10.a