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<br />ARTICLE 5 <br />MANAGEMENT RIGHTS <br /> <br />Section I. It is the right of the City to determine unilaterally the purpose of the <br />police department, set standards of services to be offered to the public, and exercise control <br />and direction over its organization and operations. The PBA recognizes the right of the City <br />to operate, manage and direct all affairs of all departments within the City. Nothing in this <br />Agreement constitutes or shall be interpreted to constitute a waiver or limitation of these <br />managemcnt rights. Correspondingly, nothing herein constitutes or shall be interpreted to <br />constitute a waiver by the pBA of the right to receive notice of and the opportunity to bargain <br />over any modification to wages, benefits, or conditions of employment. Except as otherwise <br />expressly provided elsewhere in this Agreement, the City's management right to operate, <br />manage and direct all affairs of all departments within the City includes, but is not limited, to <br />the following: <br />(a) The right to exercise complete and unhampered control to manage, direct. <br />and 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 procedurcs thereof. <br />(c) The right to suspend, demote, discharge, lay olf, or take other disciplinary <br />action against employees in accordance with the City's Personnel Policies and <br />Regulations, procedures and departmental policies. <br />(d) The right to maintain the et1lciency of the operations of the Policc <br />Department. <br />(e) The right to determine the structure and organization of City government, <br />including the right to supervise, subcontract, expand, consolidate or merge any department, and <br />to alter, combine, eliminate, or reduce any division thereof. <br />(I) The right to determine the number of all employees who shall be employed <br />by the City, the job description, activities, assignments, and the number of hours and shifts to <br />be worked 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, departlilent or project, and the <br />- 6- <br />