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36.1
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It is understood and agreed that the District retains all of its power and authority to direct, manage and control to the full extent of the law. Included in but not limited to those duties and powers are the exclusive right to: determine its organizations; direct the work of its employees; determine the times and hours of operations; determine the kinds and level of service to be provided and the methods and means of providing them; establish its educational policies, goals and objectives; ensure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out non-Bargaining Unit work; and take action on matters in the event of an emergency. In addition, the Board retains the right to hire, classify, assign, and promote.
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36.2
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The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the terms and conditions of this Agreement, and then only to the extent such terms and conditions are in conformance with law.
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36.3
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The declaration of emergency shall be limited to natural disasters and/or events over which the District has no control. In no event shall the District declare an emergency for purposes of evading the provisions of this Agreement.
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