It is understood and agreed that the District retains all of its powers and authority to direct, manage and control all of the affairs of the District to the full extent of the law. Included in but not limited to those duties and powers is the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; ensure the rights and educational opportunities of students; determine staffing patterns, including the right to cancel existing classes and discontinue programs and courses, except as limited by other provisions of this Agreement; determine the number of kinds of personnel required; maintain the efficiency of District operations; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work; and take action on any matter in the event of an emergency. In addition, the Board retains the right to hire, classify, assign, evaluate, promote, terminate, and discipline employees.

The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by law and the specific and express terms of this Agreement and then only to the extent such specific and express terms are in conformance with law. District rights enumerated herein shall not be exercised inequitably, arbitrarily, or vindictively.

The District reserves the right to declare an emergency when there is a clear threat to the physical well-being of the students, staff and/or property of the District. If the District declares an emergency, the District shall notify, and consult the Federation where the District deems practicable. In such instances of emergency, the District may suspend any elements of the contract in order to protect students, staff and/or property. Such elements of the contract shall continue in suspension for as long as the emergency continues. The District shall have the right to declare when an emergency no longer exists.

The District's determination shall be final.