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Prior to disregarding any provision of this Memorandum of Understanding in order to undertake required <br /> accommodations for an individual protected by the Act, the City will provide the Association with written <br /> notice of its intent to disregard the provision and will allow the Association the opportunity to discuss options <br /> to disregarding the Memorandum of Understanding. <br /> ARTICLE 3 <br /> ASSOCIATION RIGHTS <br /> 3.1 Use of City Facilities <br /> The Association may,with the prior approval of the Personnel Officer, be granted the use of City facilities for <br /> meetings of City employees, provided space is available. The use of City equipment,other than items <br /> normally used in the conduct of meetings, is strictly prohibited. <br /> 3.2 Advance Notice <br /> The Association shall be notified of any creation of or change to, an ordinance, rule, resolution or regulation <br /> within the scope of representation proposed to be adopted by the City Council, by any board or commission <br /> of the City or by any department, and the Association shall be given the opportunity to meet and confer or <br /> consult on the impact of such ordinance, rule, resolution, or regulation prior to its adoption by the City <br /> Council, board or commission of the City, or any department. In cases of emergency when the City <br /> administration determines that an ordinance, rule, regulation, or resolution must be adopted immediately, <br /> without prior notice or meeting with the Association, the City shall provide the Association such notice and <br /> the opportunity to meet and confer or consult on the impact of such ordinance, rule, resolution,or regulation <br /> at the earliest practical time following the adoption of such ordinance, rule, resolution,or regulation. <br /> 3.3 Availability of Data <br /> The City shall make available to the Association such non-confidential information pertaining to employment <br /> relations as is contained in the public records of the agency, subject to the limitations and conditions set <br /> forth in the Employer-Employee Relations Resolution adopted by the City Council on August 7, 1972, and <br /> Government Code Sections 6250 et seq. Such information shall be made available during regular working <br /> hours in accordance with the City's rules and procedures for making public records available and after <br /> payment of reasonable costs, if any,where applicable. <br /> ARTICLE 4 <br /> CITY RIGHTS <br /> To insure that the City is able to carry out its constitutional, chartered and statutory functions and <br /> responsibilities, nothing contained herein shall be construed to require the City to meet and confer on <br /> matters which are solely a function of management, including the right to direct the work force; to select and <br /> determine the number and types of employees required; to determine the content of job classifications; to <br /> hire, transfer, promote, suspend, discipline and discharge employees; to assign work to employees in <br /> accordance with the requirements of the City; to establish and change work schedules and assignments;to <br /> lay off employees for lack of work; to expand or diminish services; to subcontract any work or operations;to <br /> 2 <br />