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