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ARTICLE 4 MANAGEMENT RIGHTS
<br />4.01 Except as specified otherwise in this Agreement, the City has the right and responsibility
<br />to: determine matters of inherent managerial rights, which include but are not limited to, areas of
<br />discretion or policy, such as the functions and programs of the City, standards of services, its
<br />overall budget, utilization of technology and organizational structure; direct, supervise, evaluate
<br />and hire employees; maintain and improve the efficiency and effectiveness of the City's
<br />operations, including the right to reorganize, discontinue, enlarge or contract any work; manage
<br />the operations and determine the overall methods, process, means or personnel by which the City's
<br />operations are to be conducted; suspend, discipline, or discharge for just cause, or layoff, transfer
<br />(including the assignment and allocation of work) within the division, assign, schedule, promote
<br />or retain employees; determine the adequacy of and direct the work force; determine the overall
<br />mission of the City as a unit of government; effectively manage and direct the work force and
<br />operations; take actions to carry out the mission of the City as a governmental unit; control the
<br />premises and facilities, and determine the number and location of facilities; promulgate and
<br />enforce reasonable employment rules and regulations; introduce new and/or improved equipment,
<br />methods and/or facilities; determine the size, duties and work methods of the work force;
<br />determine the number of shifts required to work schedules; establish, modify, consolidate or
<br />abolish jobs (or classifications); determine the manner in which the work is to be processed;
<br />determine staffing patterns, including, but not limited to, assignment of employees, numbers
<br />employed, duties to be performed, qualifications required and areas worked.
<br />4.02 The foregoing is subject to the restrictions and regulations governing the exercise of these
<br />rights as they are expressly provided herein.
<br />ARTICLE 5 NO STRIKE/NO LOCK -OUT
<br />5.01 The FOP shall not, directly or indirectly, call, sanction, encourage, finance and/or assist, in
<br />any way, nor shall any employee instigate or participate, directly or indirectly, in any strike,
<br />slowdown, job action, walk -out, concerted "sick" leave, work stoppage, picketing or interference
<br />whatsoever of any function of the City for the duration of this Agreement. Furthermore, no
<br />employee shall instigate or participate in any significant change in law enforcement procedures
<br />not directly authorized by the Chief of Police and the Director of Public Safety, and all lawful
<br />orders of superior officers shall, at all times, be followed and immediately complied with.
<br />5.02 Violation of Section 5.01 of this article may be proper cause for disciplinary action up to
<br />and including discharge.
<br />5.03 The FOP shall, at all times, cooperate with the City in maintaining the normal operations
<br />in a normal manner and shall actively discourage and attempt to prevent or terminate any violations
<br />of Section 5.01 hereof. In the event any violations of Section 5.01 of this article occurs, the FOP
<br />shall immediately notify all employees that said violation is prohibited and is not sanctioned or
<br />approved by the FOP. Furthermore, the FOP shall also immediately advise all employees to return
<br />to work at once.
<br />5.04 The City shall not lock out any employee for the duration of this Agreement.
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