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ARTICLE 5 <br />MANAGEMENT RIGHTS <br />Section 1. It is the right of the City to determine unilaterally the purpose of the police <br />department, set standards of services to be offered to the public, and exercise control and direction <br />over its organization and operations. The PBA recognizes the right of the City to operate, <br />manage and direct all affairs of all departments within the City. Nothing in this Agreement <br />constitutes or shall be interpreted to constitute a waiver or limitation of these management rights. <br />Correspondingly, nothing herein constitutes or shall be interpreted to constitute a waiver by the <br />PBA of the right to receive notice of and the opportunity to bargain over any modification to <br />wages, benefits, or conditions of employment. Except as otherwise expressly provided elsewhere <br />in this Agreement, the City's management right to operate, manage and direct all affairs of all <br />departments within the City includes, but is not limited, to the following: <br />(a) The right to exercise complete and unhampered control to manage, direct, and <br />totally supervise all employees of the City. <br />(b) The right to hire, promote, transfer, schedule, train, assign and retain <br />employees in positions with the City and to establish procedures thereof. <br />(c) The right to suspend, demote, discharge, lay off, or take other disciplinary action <br />against employees in accordance with the City's Personnel Policies and Regulations, <br />procedures and departmental policies. <br />(d) The right to maintain the efficiency of the operations of the Police Department. <br />(e) The right to determine the structure and organization of City government, including <br />the right to supervise, subcontract, expand, consolidate or merge any department, and to alter, <br />combine, eliminate, or reduce any division thereof. <br />(f) The right to determine the number of all employees who shall be employed by the <br />City, the job description, activities, assignments, and the number of hours and shifts to be worked <br />per week, including starting and quitting time of all employees. <br />(g) The right to determine the number, types, and grades and salary structures of <br />positions or employees assigned to an organizational unit, department or project, and the right to <br />alter, combine, reduce, expand or cease any position. <br />(h) The right to set its own standards for services to be offered to the public. <br />(i) The right to determine the location, methods, means and personnel by which <br />operations are to be conducted. <br />-5- <br />