Section 19-26 Reserved management rights.


Prior to the adoption of Ord. 17442 on 09/16/2002, Section 19-26 read as follows.


    Specific areas of responsibility shall be reserved to management if the public service mission of the city is to function effectively and if rules and regulations are to be administered fairly, consistently, equitably and without discrimination and these rights shall not be diminished by action of labor organizations and any related working agreements. The management of the city shall:

    (1)    Determine the nature, scope, and definition of the city organization including: classification, selection, number, retention, promotion, reorganization, transfer, deployment, assignment, lay-off, recall and scheduling of employees;

    (2)    Determine the methods, means, tools and equipment and personnel by which operations are to be conducted, including the right to contract and subcontract existing and future work;

    (3)    Direct employees;

    (4)    Discipline, suspend, demote, and/or discharge employees in accordance with the ordinances of the city;

    (5)    Require as a part of normal employee development, and in order to attain at least the minimal skills required of the classification, and in order to aid in the professionalization and general upgrading of the department, that employees take appropriate related training either on or off duty, in order to fulfill the responsibility of the position;

    (6)    Take the necessary measures to maintain optimum productivity in operations;

    (7)    Determine the necessity for and assignment of overtime in compliance with appropriate related legislation and/or court rulings;

    (8)    Determine the scope, priority, and amount of budget allocations;

    (9)    Determine eligibility for employee participation in bargaining employee representative unit activities in terms of the following exclusions: supervisory, confidential, or temporary employees, or those employees lacking community of interest with the general orientation of recognized bargaining representative unit activities, and where such community of interest may conflict with aforementioned management responsibilities ((1) through (8) above). This provision shall not serve to prevent supervisory employees from participating in bargaining representative unit activities as a separate unit with their own respective community of interest.

(Code 1964, § 22.360)