8A.455 - CERTIFICATION OF PAYROLLS -- ACTIONS.

        8A.455  CERTIFICATION OF PAYROLLS -- ACTIONS.
         1.  A state disbursing or auditing officer shall not make or
      approve or take part in making or approving a payment for personnel
      services to any person unless the payroll voucher or account of the
      pay bears the certification of the director, or of the director's
      authorized agent, that the persons named have been appointed and
      employed in accordance with this subchapter and the rules and orders
      under this subchapter, and that funds are available for the payment
      of the persons.
         2.  The director may, for proper cause, withhold certification
      from an entire payroll or from any specific item or items on a
      payroll.  The director may, however, provide that certification of
      payrolls may be made once every year, and such certification shall
      remain in effect except in the case of any officer or employee whose
      status has changed after the last certification of the officer's or
      employee's payroll.  In the latter case a voucher for payment of
      salary to such employee shall not be issued or payment of salary
      shall not be made without further certification by the director.
         3.  Any citizen may maintain an action in accordance with chapter
      17A to restrain a disbursing officer from making any payment in
      contravention of this subchapter, or rule or order under this
      subchapter.  Any sum paid contrary to this subchapter or any rule or
      order under this subchapter may be recovered in an action in
      accordance with chapter 17A maintained by any citizen, from any
      officer who made, approved, or authorized such payment or who signed
      or countersigned a voucher, payroll, check, or warrant for such
      payment, or from the sureties on the official bond of any such
      officer.  All moneys recovered in any such action shall be paid into
      the state treasury.
         4.  Any person appointed or employed in contravention of this
      subchapter or of any rule or order under this subchapter who performs
      service for which the person is not paid may maintain an action in
      accordance with chapter 17A against the officer or officers who
      purported so to appoint or employ the person to recover the agreed
      pay for such services or the reasonable value of the services if no
      pay was agreed upon.  An officer shall not be reimbursed by the state
      at any time for any sum paid to such person on account of such
      services.
         5.  If the director wrongfully withholds certification of the
      payroll voucher or account of any employee, such employee may
      maintain a proceeding in accordance with chapter 17A in the courts to
      compel the director to certify such a payroll voucher or account.  
         Section History: Recent Form

         2003 Acts, ch 145, §80