<br><br>90.380 Number of employees -- Salaries -- Protection from dismissal, suspension, or <br>reduction -- Abolishment of office or position -- Reinstatement. <br>(1) The city legislative body shall fix by ordinance the number and classification of city <br>employees, and the salaries for each classification. When the number of employees <br>and their classification has been fixed by ordinance, no employee shall be <br>dismissed, suspended, or reduced in grade or pay for any reason except that set out <br>in KRS 90.360. <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 city that economic necessity requires <br>it, or that there is no longer a need for a particular office or position to exist, the <br>board of commissioners may abolish said office or position and any officer or <br>employee occupying said office or position may be laid off or suspended until and if <br>such office or position is re-created or reestablished. The abolition of any office or <br>position must not be a subterfuge to effect another purpose, but must be actual and <br>bona fide and must not amount to the mere alteration, modification, or abolition of <br>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 equity in the Circuit Court of the county wherein <br>the city is located, stating his reason why the position or office has not been fairly <br>abolished, or why it should not be abolished, and upon issue joined thereon by the <br>city, the burden shall be on the latter to establish the necessity for and the good faith <br>of the city in abolishing said office or position. The right to abolish and the right to <br>have the office or position re-created shall be determined as other equitable actions <br>are determined. <br>(4) If the office or position is re-created or reestablished within five (5) years, 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 city shall advise said officer or employee at his last known address <br>and advertise pursuant to KRS Chapter 424, that the office or position has been re-<br>created or reestablished. <br>History: Amended 1966 Ky. Acts ch. 239, sec. 64. -- Amended 1946 Ky. Acts ch. 50, <br>sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from <br>Ky. Stat. secs. 3235h-9, 3480e-9. <br><br>