§ 45-37-121.21 — Certification of Payrolls

Alabama § 45-37-121.21

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 37: Jefferson County
• Art. 12: Employees
• Part 2: Civil Service System

Text

It shall be unlawful for the fiscal officer of either a county or any municipality affected by this part to draw, sign, issue, or authorize the drawing, signing, or issuing of any warrant on the treasurer or other disbursing officer of either the municipality or the county for the payment of or for the treasurer or other disbursing officer to pay any salary or compensation to anyone holding any position subject to this part unless the estimate, payroll, warrant, or account for such salary or compensation containing the name of the person to be paid shall bear the certification of the director of personnel, that the person or persons named in the estimate, payroll, warrant, or account are holding hereunder and are legally entitled to receive the sums stated therein. Any sum paid contrary to this part or of any rule, regulation, or order thereunder may be recovered, in an action maintained in the name of the county or municipality by the county or city attorney, or by any citizen or taxpayer of the county or municipality from any officer who made, approved, or authorized such payment or who signed or counter-signed 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 treasury from which payment was made. The county or city attorney or any citizen or taxpayer of the county or municipality may likewise maintain a suit to restrain a disbursing officer from making any payment in contravention of this part or any rule, regulation, or order thereunder. Any person appointed or employed in contravention of this part or of any rule, regulation, or order thereunder who performs service for which he or she is not paid, may maintain an action against the officer or officers who purported so to appoint or employ him or her to recover the agreed pay for such services, or the reasonable value thereof if no pay was agreed upon. No officer shall be reimbursed by the county or municipality at any time for any sum paid to such person on account of such services. If the director wrongfully withholds certification of the payroll voucher or account of any employee, such employee may institute a proceeding to compel the director to certify such payroll voucher or account. A 30-day month shall be used for the purpose of calculating the pay of employees compensated on a monthly basis. In order to prevent evasions of the purpose of this part, the board may require that payrolls for the payment of persons in the unclassified service, except officials exempted from this part, be submitted for certification in the same manner as herein provided for payrolls covering employees holding positions in the classified service. It shall be unlawful for any person to make or authorize a payment of such payroll after notice by the board that such certification shall be required.

Legislative History

(Acts 1945, No. 248, p. 376, §24.)