(A) The City Council shall fix by ordinance the number and classification of Police and Fire Department members, and the salaries for each classification. When the number of members and their classification has been fixed by ordinance, no such member shall be dismissed, suspended, or reduced in grade or pay for any reason except that set out in § 35.40.
(B) Whenever in the exercise of a reasonable discretion, it shall be the judgment of the City Council that economic necessity requires it, or that there is no longer a need for a particular position to exist, the Civil Service Commission may abolish the position and any Police or Fire Department member occupying the position may be laid off or suspended until and if that position is re-created or re-established. The abolition of any 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.
(C) Should any Police or Fire Department member conceive that he has been aggrieved by the abolition or the proposed abolition of the position, he may, at any time within 90 days, file a petition in equity in the circuit court of Jefferson County stating his reason why the position has not been fairly abolished, or why it should not be abolished, and upon issue joined thereon by the city, the burden shall be on the latter to establish the necessity for and the good faith of the city in abolishing the position. The right to abolish and the right to have the position re-created shall be determined as other equitable actions are determined.
(D) If the position is re-created or re-established within five years, then any person who was deprived of his position shall be restored to the position he formerly held or occupied in the order of his seniority if he shall elect to do so, and the city shall advise that person at his last known address and advertise pursuant to KRS Chapter 424, that the position has been re-created or re-established.
(KRS 90.380) (Ord. 16-1967, passed 5-1-67)
Cross-reference:
Positions of Police Chief, Assistant Police Chief excluded from civil service, see § 35.35(B)