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The city and the city manager’s rights are not subjugated or diminished in any way by any expressed or implied duty or obligation to meet and confer or bargain. Retained management rights are not subject to the grievance procedure contained in any memorandum of understanding, nor are they subject to any other appeal or complaint process.

A. The city has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer, and manage its municipal services and work force performing those services. The authority of the city shall not be modified or limited by inference or implication.

B. The exclusive rights of the city shall include, but not be limited to, the right to determine the organization of city government, and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish rules and practices governing the conduct of employees, to direct and supervise its employees and their work, to take disciplinary action, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine the methods, means and personnel by which the city’s services are to be provided, including the right to schedule, and assign work and overtime, to hire, transfer and reassign employees and to otherwise act in the interests of efficient service to the community. The city reserves the right to establish and revise work schedules and work locations; to establish, revise and implement standards for hiring and promoting employees; to determine the need for additional positions and the qualifications of new employees, and to determine the qualifications for and/or the qualifications of employees considered for transfer and/or promotion; to evaluate and judge the skill, ability and efficiency and general work performance of employees; to adopt and to manage its budget, provide for the funding of certain levels of service, to add, delete, modify, or suspend certain programs, functions, divisions, and departments as the city council in the exercise of its legislative authority to create and manage the city’s budget, determine to be necessary and appropriate.

C. Nothing herein shall limit the right of the city council to meet, either in an open meeting or executive session at any time as long as the meeting is properly agendized, with city management concerning any issue that the city council deems relevant to the operation of the city. These meetings may include, but are not limited to, the organization of the city, municipal services, general personnel matters, budgetary issues that impact personnel and any other issue the city council wants to discuss.

D. The city retains all rights not specifically limited by a memorandum of understanding approved in accordance with the provisions of this chapter. [Ord. 18-09 § 1; Res. 18-24; Code 2004 § 3-280.]