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8a-455
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
