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53 <br />ARTICLE XXI <br />21.0 CITY RIGHTS <br />21.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of <br />Management which have not been expressly abridged by specific provision of this MOU <br />or by law to manage the City, as such rights existed prior to the execution of this MOU. <br />The sole and exclusive rights of Management, as they are not abridged by this MOU or <br />by law, shall include but not be limited to the following rights: <br />A. To manage the City generally and to determine the issues of policy. <br />B. To determine the existence or non-existence of facts which are the basis of the <br />Management decision. <br />C. To determine the necessity of organization of any service or activity conducted by <br />the City and expand or diminish services. <br />D. To determine the nature, manner, means, and technology, and extent of services to <br />be provided to the public. <br />E. To determine methods of financing. <br />F. To determine types of equipment or technology to be used. <br />G. To determine and/or change the facilities, methods, technology, means, and size <br />of the workforce by which the City operations are to be conducted. <br />H. To determine and change the number of locations, relocations, and types of <br />operations, processes, and materials to be used in carrying out all City functions <br />including but not limited to the right contract for or subcontract any work or <br />operation of the City. <br />I. To assign work to and schedule employees in accordance with requirements as <br />determined by the City, and to establish and change work schedules and <br />assignments. <br />J. To relieve employees from duties for lack of work or similar nondisciplinary <br />reason, subject to the provisions of the City Charter, Municipal Code, Federal and <br />State law and this MOU. <br />K. To establish and modify productivity and performance programs and standards.