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Section 3. Discrimination <br /> Neither the City, the Association, nor any person employed by them shall discriminate against any <br /> employee, or applicant for employment because of race, color. religion, sex, national origin, age, <br /> medical condition, pregnancy, marital status, sexual preference or disability, except where such <br /> factors are determined to be a bona fide occupational qualification. Furthermore, the City shall <br /> not discriminate against any employee because of legitimate employee organization activities. <br /> Section 4. Continuation of Benefits <br /> The Association and the City acknowledge and agree that this Memorandum of Understanding <br /> may contain and/or discuss benefits that will affect current retirees and former members of the <br /> Association, or current members of the Association who may retiree during the term of this <br /> Memorandum of Understanding. Neither the City nor the Association warrant or agree that <br /> current level of benefits which may be provided to retirees in the form of health benefits will be <br /> maintained at the same level beyond the term of this contract. even though it is neither the <br /> intention of the City nor the Association to decrease or diminish the value or level of benefits to its <br /> retirees by the inclusion of this paragraph in the memorandum of understanding. <br /> Section 5. Association Representatives <br /> City Employees who are official representatives of the Association shall be given reasonable time <br /> off with pay to attend meetings with management representatives, or to be present at hearings <br /> where matters within the scope of representation are being considered. The use of official time for <br /> this purpose shall be reasonable and shall not interfere with the performance of City services as <br /> determined by the City. Such employee representatives shall submit written requests for excused <br /> absences to the Police Chief, with an information copy to the Personnel Officer, at least two (2) <br /> calendar days prior to the scheduled meeting whenever possible. No more than two (2) employees <br /> shall be excused for such purposes. The Association shall submit a list of the officers of the <br /> Association to the City Manager and notify the City Manager in writing at such time there are any <br /> changes in such Association officers. <br /> Section 6. City Rights <br /> The rights of the City include, but are not limited to, the exclusive right to determine the mission <br /> of its constituent departments, commissions and boards; set standards of service; determine the <br /> procedures and standards of selection for employment and promotion; direct its employees, take <br /> disciplinary action, relieve its employees from duty because of lack of work or for other legitimate <br /> reasons; maintain the efficiency of govemmental operations: determine the methods, means and <br /> personnel by which government operations are to be conducted; determine the content of job <br /> classifications; take all necessary actions to carry out its mission in emergencies; to exercise <br /> complete control and discretion over its organization and the technology of performing its work. <br /> None of the aforementioned language will supersede the provisions of this Memorandum of <br /> Understanding reached by mutual agreement of both negotiating parties (PPOA and City of <br /> Pleasanton). <br /> -3- <br />