17-53-103 - Unauthorized payment or warrant -- Investigation by another county attorney -- Action to enjoin or recover payment.
17-53-103. Unauthorized payment or warrant -- Investigation by another countyattorney -- Action to enjoin or recover payment.
(1) (a) If a county officer, without authority of law, orders any money paid for anypurpose, or if any other county officer draws a warrant in the officer's own favor or in favor ofany other person without being authorized to do so by the county legislative body or by law, thecounty attorney of that county shall request a county attorney from another county to investigatewhether an unauthorized payment has been ordered or an unauthorized warrant drawn.
(b) If the county attorney requests a county attorney from another county to investigateunder Subsection (1)(a), the county attorney shall deputize the investigating county attorney.
(2) If an investigating county attorney determines that an unauthorized payment has beenordered or that an unauthorized warrant has been drawn, that county attorney may commence andprosecute an action in the name of the county:
(a) if the payment has not been made or the warrant paid, to enjoin the payment of theunauthorized payment or of the unauthorized warrant; or
(b) if the payment has been made or the warrant paid, to recover from the payee or thecounty officer and the officer's official bondsman the amount paid.
(3) An order of the county legislative body is not necessary in order to maintain an actionunder Subsection (2).
Renumbered and Amended by Chapter 133, 2000 General Session