Sec. 23-26. - Reinstatement.

(a)   Any person who has successfully completed his probationary period and subsequently ceased working for the division of fire and emergency services or division of police for reasons other than dismissal shall be eligible for reinstatement to the position, rank, or pay he formerly held or to an equivalent or lower position, rank or pay than that which he formerly held for a period of one (1) calendar year following the date of separation.

(b)   Such a person may be reinstated only upon completion of the following requirements:

(1)   A written request for reinstatement is made by the person to the appointing authority.

(2)   The person received at least a "satisfactory" rating on his last job performance evaluation prior to separation from service.

(3)   The director of human resources determines that the person meets the current requirements for the position.

(4)   The appointing authority approves the person's reinstatement within one (1) calendar year following the date of separation from service. The recommendation of the person's former supervisor shall be submitted for consideration by the appointing authority.

(c)   Any employee may be reinstated in accord with the requirements contained in subsection (b) only if a vacancy exists in the position and rank he formerly held or an equivalent or lower position or rank than that which he formerly held.

(d)   The rate of pay for a member upon reinstatement shall be set at the current pay grade assigned to his former position at the same salary as the member received when he separated from service, provided, however, that he shall not receive a salary lower than the minimum step for the grade. If appointed to a lower position or rank than that which he formerly held, he shall be appointed at the salary he earned when he separated from service.

(e)   A reinstated member shall be eligible for a merit increase on the first day of the fiscal year beginning after he has completed six (6) months of service following reinstatement.

(f)   Prior service time shall not be counted for purposes of determining a reinstated member's seniority or entitlement to vacation leave, sick leave or longevity pay.

(Ord. No. 135-82, § 1, 7-29-82; Ord. No. 155-87, § 1, 7-9-87; Ord. No. 116-96, § 23, 6-27-96; Ord. No. 227-2004, § 2, 9-9-04)

Cross reference(s)—Reinstatement of former classified civil service employees, § 21-23; reinstatement of former unclassified civil service employees, § 22-20.

State law references(s)—Reinstatement of members of police and fire department, KRS 95.440(5).