2014 Kentucky Revised Statutes CHAPTER 67A - URBAN-COUNTY GOVERNMENT 67A.300 Number of employees -- Salaries -- Protection from dismissal, suspension, or reduction -- Abolishment of office or position -- Reinstatement.
Download as PDF
67A.300 Number of employees -- Salaries -- Protection from dismissal,
suspension, or reduction -- Abolishment of office or position -Reinstatement.
(1)
(2)
(3)
(4)
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.
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.
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.
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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.