(a) The urban county council shall in the exercise of reasonable discretion have the authority to abolish any classified civil service position when economic necessity requires it or there is no longer a need for a particular position to exist. Any employee occupying said position may be laid off or suspended until and if such position is recreated or reestablished. The abolition of any position shall not be a subterfuge to effect another purpose but shall be actual and bona fide, and shall not amount to the mere alteration, modification or abolition of title only.
(b) When employees in a designated class within an executive unit are to be laid off, such employees shall be determined in the following order of succession:
(1) Part-time employees;
(2) Temporary employees who are filling classified positions;
(3) Probationary employees;
(4) Permanent employees.
(c) Any reduction in the number of employees of any executive unit shall to the extent that it requires the layoff of any permanent employees be made in the reverse order of their seniority, computed the same as under section 21-11(b) for original appointments. In case of equal service, regular employees in the class involved shall be laid off in order of the lowest average performance rating for the last two (2) years of service.
(d) Should any employee contend that he has been aggrieved by the abolition or proposed abolition of his position, he may at any time within ninety (90) days file a petition in the Fayette Circuit Court, 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.
(Ord. No. 139-78, § 1(21-20), 6-29-78)