90.380 Number of employees -- Salaries -- Protection from dismissal, suspension, or

393 words·~2 min read·/ky/90-380

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.