13. PROVISIONS TO THE GOVERNING BOARD
13.0 It is not the intention of the parties, in setting forth the provisions reserved to the Governing Board, to detract or diminish in any way the rights of the Association or of unit members as expressly set forth elsewhere in this Agreement.
13.1 All matters not specifically enumerated as within the scope of negotiations or the consulting rights of the Association in the Government Code 3543.2 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, or discontinue, in whole or in part, temporarily or permanently, any of the following:
13.1.1.   The legal, operational, geographical, 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;
13.1.2   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 and policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement;
13.1.3   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, the personnel, work, service, and activity functions assigned  to such properties;
13.1.4   All services to be rendered to the public and to District personnel in support of the services rendered  to the public; the nature, methods, quality, frequency, and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services, the subcontracting of services to be rendered and functions to be performed, including educational services unable to be performed by unit members, support, construction, maintenance, and repair services;
13.1.5   The utilization of personnel not covered by this Agreement, including but not limited to substitutes, casual, consultants, supervisory or managerial personnel, to do work which is normally done but unable to be performed by unit members covered hereby, and the methods of selection and assignment of such personnel;
13.1.6   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, conduct, discipline, transportation, food services, racial and ethic balance, establishing of extra-curricular 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, subject only to such consultation rights of the Association;
13.1.7   The selection, direction, promotion, discipline 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 unit members to classrooms, and the determination as to whether, when and where there is a job opening;
13.1.8   The job classifications and the content and qualifications thereof;
13.1.9   The dates, times, and hours of operations of District facilities, functions, and activities;
13.1.10   Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies, and equipment;
13.1.11   The rules, regulations, and policies for all unit members, students, and the public, subject only to limitations contained in this Agreement.
13.2 In addition to its statutory reserve rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or part, temporarily or permanently, any of the following:
13.2.1   Staffing patterns.
13.2.2   The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and methods of funding such plans.
13.3 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.
13.4 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above-described provisions, or any other rights of the District not limited by this Agreement, is not subject to the grievance provision set forth in Article VI, but may be subject to the Recommendation/Concern procedure as described in the Information section.

 

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