KRS 67A.300: Number of employees -- Salaries -- Protection from dismissal, suspension,

or reduction -- Abolishment of office or position -- Reinstatement.

(1) The urban -county legislative body shall fix by ordinance the number and

classification of urban -county em ployees, 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.

(2) 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 fo r 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 reestablis hed. 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 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.

(4) If the office or position is re -created or reestablished within one (1) year, then any

person who was deprived o f 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.