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ARTICLE 2 <br />PREVAILING AND MANAGEMENT RIGHTS <br />2.1 All terms and conditions of employment which apply throughout the department to <br />employees on the effective date of this Agreement shall not be altered by the City without affording <br />the Union an opportunity to negotiate such change, to the extent required by applicable law. <br />2.2 Except as specifically abridged by any provision of this Agreement, the City, in order to <br />accomplish its objectives, may exercise all previous rights, prominent among which, but by no <br />means wholly inclusive are: retention and reservation of all its normal and inherent rights of its <br />affairs in all respects, in accordance with its responsibilities, whether exercised or not, including, <br />but not limited to its rights to determine and from time to time to redetermine the number, location <br />and type of work forces, facilities, operations and methods, processes and equipment to be <br />employed; the scope of services to be performed, the method of service and the schedule of work <br />time; to contract and subcontract existing and future work, to discontinue conduct of its mission <br />or operations in whole or in part, to determine whether and to what extent the work required in its <br />operations shall be performed by employees covered by any existing bargaining agreement; to <br />transfer its work or work forces, either in whole or part, from or to any of its facilities or locations; <br />to determine the number, types and grades of positions or employees assigned to an organization <br />or unit, department or project, to establish and change work schedules, assignments and facility <br />locations; to hire transfer, promote or demote employees; to lay off, terminate, or otherwise relieve <br />employees from duty for lack of work or other legitimate reason; to suspend, discharge, or <br />discipline employees in accordance with this Agreement; to use supervisors or other City <br />employees to perform work of the kind performed by employees of the unit, to implement <br />technological systems; equipment and techniques and otherwise to take such measures as <br />management may determine to be necessary for the orderly, efficient and economical operation of <br />the Police Department. <br />2.3 However, the exercise of such rights shall not preclude employees or their representatives <br />from raising grievances, should decisions on the above matters have the practical consequences of <br />violating the terms and conditions of this Agreement. <br />2.4 If, in the sole discretion of the City Manager, or in their absence the City official so <br />designated by law to act in their absence, it is determined that civil emergency conditions exist, <br />including but not limited to riots, civil disorders, hurricane conditions or similar catastrophes, the <br />provisions of this Agreement may be suspended by the mayor during the time of the declared <br />emergency, provided that wage rates, monetary fringe benefits and the provisions of Section 28.7 <br />shall not be suspended. <br />2.5 Except as set forth in this Agreement, no individual, group of individuals, or the Union is <br />waiving any rights provided under either Florida or Federal Statutes. <br />Page 5 <br />