67A.300 Number of employees -- Salaries -- Protection from dismissal, suspension, or reduction -- Abolishment of office or position -- Reinstatement. - Kentucky Statutes

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67A.300 Number of employees -- Salaries -- Protection from dismissal, suspension, or reduction -- Abolishment of office or position -- Reinstatement. (1) The urban-county legislative body shall fix by ordinance the number and classification of urban-county employees, and the salaries for each classification.
When the number of employees and their classification has been fixed by
comprehensive plan or ordinance, including any ordinance of a city or other
municipality existing prior to the adoption of the urban-county form of government,
which prior ordinance is adopted for any period of time by the urban-county
government under its comprehensive plan or ordinance, no employee shall be
dismissed, suspended or reduced in grade or pay for any reason except that set out
in KRS 67A.280. (2) Provided, further, that: whenever in the exercise of a reasonable discretion, it shall be the judgment of the legislative body of the urban-county government that
economic necessity requires it, or that there is no longer a need for a particular
office or position to exist, the legislative body may abolish said office or position
and any officer or employee occupying said office or position may be laid off or
suspended until and if such office or position is re-created or reestablished. The
abolition of any office or position must not be a subterfuge to effect another
purpose, but must be actual and bona fide and must not amount to the mere
alteration, modification or abolition of title only. (3) Should any officer or employee conceive that he has been aggrieved by the abolition or the proposed abolition of said office or position, he may, at any time within
ninety (90) days, file a petition in the Circuit Court of the county wherein the urban-
county government is located, stating his reason why it should not be abolished, and
upon issue joined thereon by the urban-county government, the burden shall be on
the latter to establish the necessity for and the good faith of the urban-county
government in abolishing said office or position. The right to abolish and the right
to have the office or position re-created shall be determined as other equitable
actions are determined. (4) If the office or position is re-created or reestablished within one (1) year, then any person who was deprived of his office or position shall be restored to the office or
position he formerly held or occupied in the order of his seniority if he shall elect to
do so, and the urban-county government shall advise said officer or employee at his
last known address and advertise pursuant to KRS Chapter 424, that the office or
position has been re-created or reestablished. Effective: June 21, 1974
History: Created 1974 Ky. Acts ch. 246, sec. 10, effective June 21, 1974.