{"data":{"id":"us-ky/krs-90.380","jurisdiction":"us-ky","citation":"KRS 90.380","heading":"Number of employees -- Salaries -- Protection from dismissal, suspension, or","body":"reduction -- Abolishment of office or position -- Reinstatement.\n(1) The city legislative body shall fix by ordinance the number and classification of city\nemployees, and the salaries for each classification. When the number of employees\nand their classification has been fixed by ordinance, no employee shall be\ndismissed, suspended, or reduced in grade or pay for any reason except that set out\nin KRS 90.360.\n(2) Provided, further, that: Whenever in the exercise of a reasonable discretion, it shall\nbe the judgment of the legislative body of the city that economic necessity requires\nit, or that there is no longer a need for a particular office or position to exist, the\nboard of co mmissioners may abolish said office or position and any officer or\nemployee occupying said office or position may be laid-off or suspended until and if\nsuch office or position is re -created or reestablished. The abolition of any office or\nposition must not  be a subterfuge to effect another purpose, but must be actual and\nbona fide and must not amount to the mere alteration, modification, or abolition of\ntitle only.\n(3) Should any officer or employee conceive that he has been aggrieved by the abolition\nor th e proposed abolition of said office or position, he may, at any time within\nninety (90) days, file a petition in equity in the Circuit Court of the county wherein\nthe city is located, stating his reason why the position or office has not been fairly\nabolished, or why it should not be abolished, and upon issue joined thereon by the\ncity, the burden shall be on the latter to establish the necessity for and the good faith\nof the city in abolishing said office or position. The right to abolish and the right to\nhave the office or position re -created shall be determined as other equitable actions\nare determined.\n(4) If the office or position is re -created or reestablished within five (5) years, then any\nperson who was deprived of his office or position shall be re stored to the office or\nposition he formerly held or occupied in the order of his seniority if he shall elect to\ndo so, and the city shall advise said officer or employee at his last known address\nand advertise pursuant to KRS Chapter 424, that the office or position has been re -\ncreated or reestablished.","path":["KRS Chapter 90"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=25446","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:48Z","sha256":"0717b1ea84553faf6c245849038e81d82e20044601b7ec782a2784e38867353d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-90.370","next":"us-ky/krs-90.390"},"notice":"GroundRules: Original legal text. Not legal advice."}
