Section 1--District Powers, Rights, and Authority.
It is understood and agreed that, except as limited by the terms of
this Agreement, the District retains all of its powers and authority to direct,
manage, and control to the extent allowed by the law. Included in, but not limited
to, those duties and powers are the right to: determine its organization; direct
the work of its employees; determine the times and hours of operation; determine
the kinds and levels of services to be provided and the methods and means of
providing them; establish its educational policies, goals, and objectives; ensure
the rights and educational opportunities of students; determine staffing patterns;
determine the number and kinds of personnel required; maintain the efficiency
of District operations; determine District curriculum; design, build, move,
or modify facilities; establish budget procedures and determine budgetary allocations;
determine the methods of raising revenue; contract out work when present employees
are not available to perform such work; and take any action on any matter in
the event of an emergency as pro¬vided in Section 3 herein. In addition,
the District retains the right to hire, classify, assign, evaluate, promote,
demote, terminate, and discipline employees. This recital in no way limits other
District powers as granted by law.
Section 2--Limitation.
The exercise of the foregoing powers, rights, authority, duties, and responsibilities
by the District; the adoption of policies, rules, regulations, and practices
in furtherance thereof; and the use of judgment and discretion in connection
therewith shall be limited only by the specific and express terms of this Agreement,
and then only to the extent such specific and express terms are in conformance
with law.
Section 3--Emergencies.
The District retains its right to suspend this Agreement in cases of emergency
for the reasonable period of time required by the emergency. Emergencies shall
include, but not be limited to, national-, state-, or county-declared emergencies
and natural disasters. Emergencies shall not be declared capriciously, arbitrarily,
or in retaliation for the exercise of employee rights.