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such employees shall be the beginning of the first pay period of employment <br />C. Any employee of the City subject to this Memorandum of Understanding who <br />wishes to execute a written declaration claiming a religious exemption from <br />paying Union dues, and who is a member of a bona fide religion, body or sect <br />which has historically held conscientious objections to joining or financially <br />supporting a public employee organization and which is recognized as such by the <br />Public Employer Relations Board, shall, upon presentation of verification of <br />active membership in such religion, body or sect be permitted to make a <br />charitable contribution equal to the service fee in lieu of Union membership or <br />service fee payment. Declarations or applications for religious exemption and any <br />supporting documentation shall be forwarded to the Union within fifteen (15) <br />calendar days of receipt by the City. The Union shall have fifteen (15) calendar <br />days after receipt of a request for religious exemption to challenge any exemption <br />granted by the City Manager or his or her designee. If challenged, the deduction <br />to the charity of the employee's choice shall commence but shall be held in <br />escrow pending resolution of the challenge. Charitable contributions shall be by <br />regular payroll deduction only. For purposes of this section, charitable deduction <br />means a contribution to one of three non-profit organizations, with the United <br />Way being one of them. <br />The Santa Ana City Employees, Chapter 1939/Service Employees International <br />Union Local 721, AFL-CIO, shall indemnify and hold the City, its officers and <br />employees, harmless from any and all claims, demands, suits, or any other action <br />arising from the Agency Shop provisions herein. In no event shall the City be <br />required to pay from its own funds, Union dues, service fee or charitable <br />contributions, which the employee was obligated to pay, but failed to pay, <br />regardless of the reasons. <br />ARTICLE XX <br />20.0 CITY RIGHTS <br />20.1 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 <br />Agreement or by law to manage the City, as such rights existed prior to the execution of <br />this Agreement. The sole and exclusive rights of Management, as they are not abridged <br />by this Agreement or 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 nonexistence 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 />35