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ARTICLE IV
DISTRICT RIGHTS
4.1 This Article is intended to insure that the District retains all rights and powers which it has not agreed to limit in other Articles of this Agreement; this Article is not intended, nor shall it be construed as:
4.1.1 expanding the rights of the District beyond statutory and constitutional limits;
4.1.2 waiving the rights of individual unit members under the Education Code or other statutes or constitutions; or
4.1.3 waiving or otherwise diminishing the rights of the Association or of unit members as set forth in other Articles of this Agreement.
4.2 If there is a direct conflict between the retained rights of this Article and the rights of unit members or of the Association as set forth in some other Article of this Agreement, the language of the latter shall prevail. Also, it is recognized that several of the following subject matter fall within the scope of consultation under Government Code Section 3543.2; this Article is not intended to limit such consultation rights, but rather to indicate that the final decision in such matters lies with the District. Subject to the foregoing qualifications, it is agreed that all matters which are not enumerated as within the scope of negotiation in Government Code Section 3543.2, and also all powers and rights which are not limited by the terms of other Articles of this Agreement, are retained by the District.
4.3 Such retained rights include, but are not limited to, the exclusive right to:
4.3.1 determine the legal, operational, geographical and organizational structure of the District, including all advisory commissions and committees;
4.3.2 determine all sources and amounts of financial support for the District and all means or conditions necessary or incidental to securing the same, including compliance with any qualifications or requirements posed by law or by funding sources as a condition of receiving funds;
4.3.3 determine all budget matters and procedures, including all budgetary allocations, reserves and expenditures apart from those expenditures expressly required by other Articles of this Agreement.
4.3.4 determine the number, type and location of all District owned or controlled properties, grounds, facilities and other improvements, including the acquisition, disposal and utilization of same and the work, service and activity functions assigned to each or such properties;
4.3.5 determine the classes to be formed and taught and the other duties and services to be rendered to the public and the services to be rendered to District personnel in support of the services rendered to the public; methods, frequency and standards of services; performance standards (subject to Article VIII Evaluation Procedures); job content and qualifications; and the personnel, supplies, materials and equipment to be used in connection with such services;
4.3.6 determine, to the extent permitted by the Education Code, the utilization of persons not covered by this Agreement, including but not limited to substitutes, instructional aides, and others excluded in Article II, Recognition, to do work which is normally done by persons covered hereby, and the methods of selection and assignment of such personnel;
4.3.7 determine the educational policies, procedures, objectives, goals and program, curricula, textbooks, course content, pupil placement, guidance, grading, testing, records, support services, pupil conduct and discipline policies, and extracurricular and co-curricular activities;
4.3.8 select, classify, direct, utilize, promote, demote, discipline (pursuant to Education Code provisions and Article XXIV "Discipline" of this Agreement), lay off, terminate and retire any personnel of the District, subject to Education Code restrictions upon same;
4.3.9 assign employees to any location (subject to Article VII, Transfers and Reassignments), and also to any facilities, classrooms, activities, academic subject matters, specialties, departments and grade levels;
4.3.10 determine (subject to Article X, Class Size) staffing patterns, including but not limited to the number of employees;
4.3.11 determine whether, when and where a job opening exists;
4.3.12 determine the job classifications and the content and qualifications thereof;
4.3.13 determine the affirmative action and equal employment policies and programs to improve the participation of women and minorities;
4.3.14 determine the dates, time and hours of operation of any District facility, function, service or activity (subject to Article VI, Hours);
4.3.15 determine safety and security measures for employees (subject to Article XI, Safety), students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters; and
4.3.16 determine the rules, regulations and policies for all employees, students, and the public (subject to the limitations of the other Articles of this Agreement).
4.4 It is understood that the right to "determine" as used in Section 4.3 above includes the right to establish, modify, and discontinue, in whole or in part, temporarily or permanently, any of the above matters.
4.5 The above-mentioned rights of the District are listed by way of example rather than limitation, and the provisions of this Agreement constitute the only contractual limitation upon the District's rights. The exercise of any right reserved to the District 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 right or preclude the District from exercising the right in a different manner.
4.6 It is agreed that the contractual rights of the Association and of unit members are set forth in the other Articles of this Agreement and that this Article is not a source of such rights. Accordingly, any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above-described rights of the District, or arising out of or in any way connected with the effects of the exercise of such rights, is not subject to the grievance provisions of Article V. Provided, however, that nothing contained herein shall be construed to prevent the filing of grievances, pursuant to Article V, contending that an act or omission by the District constitutes a violation of an express term or some other Article of this Agreement, so long as such article is not by its own terms excluded from the grievance provision of Article V. |
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