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

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90.380 Number of employees -- Salaries -- Protection from dismissal, suspension, or reduction -- Abolishment of office or position -- Reinstatement. (1) The city legislative body shall fix by ordinance the number and classification of city employees, and the salaries for each classification. When the number of employees
and their classification has been fixed by ordinance, no employee shall be
dismissed, suspended, or reduced in grade or pay for any reason except that set out
in KRS 90.360. (2) Provided, further, that: Whenever in the exercise of a reasonable discretion, it shall be the judgment of the legislative body of the city that economic necessity requires
it, or that there is no longer a need for a particular office or position to exist, the
board of commissioners 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 equity in the Circuit Court of the county wherein
the city is located, stating his reason why the position or office has not been fairly
abolished, or why it should not be abolished, and upon issue joined thereon by the
city, the burden shall be on the latter to establish the necessity for and the good faith
of the city 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 five (5) years, 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 city 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. History: Amended 1966 Ky. Acts ch. 239, sec. 64. -- Amended 1946 Ky. Acts ch. 50, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. secs. 3235h-9, 3480e-9.