5.1 The exclusive representative recognizes the Board as the duly elected representative of the people and agrees to negotiate only with the Board or the duly authorized representatives designated by the Board to act on its behalf. The District, on its own behalf and on the behalf of the electors of the District, hereby retains and reserves unto itself, as limited only by the terms and provisions of this Agreement, all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the laws, the Constitution of the State of California, and the Constitution of the United States, including, but without limiting, the generality of the foregoing, the rights:

5.1.1    To determine and administer policy.

5.1.2    Subject to the provisions of the law, to hire all employees, to determine their qualifications and the conditions for their continued employment, or their dismissal or demotion, and to promote all such employees.

5.1.3   To determine the number and kinds of personnel necessary for the efficient operation of the District and to direct their activities.

5.1.4   To determine the curriculum.

5.1.5   To build, move, or modify the facilities.

5.1.6   To develop and administer the budget.

5.1.7   To determine the methods of raising revenue.

5.1.8   To contract out work.

5.1.9   To take action on any matter in the event of an emergency.

5.1.10 To delegate to the Superintendent, and other legally appointed officers, the operation of the schools, the executive management, and administrative control of the school system, its priorities and facilities, including, but not limited to, innovative and experimental exploration in the field of education, experimental and innovative uses of District facilities, and experimental and pilot investigation of new educational programs. The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the employer, the adoption of policies, rules, and regulations, and practice in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms are in conformance with the laws of the State of California.

5.2 Nothing in this Article shall be interpreted to preclude the Association from exercising its right to consult as set forth in Government Code 3543.2.


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