§ 36-2-6-13 — Recovery of payments in violation of article

(a) Money paid out of the county treasury in
violation of this article may be recovered by the county executive in an
action in the name of the state against the officer who paid the money
or assisted in the payment, the person who received the money, or both.
If the county executive fails to bring the action within thirty (30) days
after the illegal payment, a citizen or taxpayer may make a written
demand on the county executive to bring the action and may then bring
the action in the name of the state for the benefit of the county if the
executive fails to comply with the citizen's or taxpayer's demand.
(b) If an action brought under this section is successful, the court
shall award the amount of money paid out of the treasury illegally, plus
interest at the rate of six percent (6%) per year, to the county and shall
award reasonable attorney's fees and expenses to the plaintiff.
[Pre-Local Government Recodification Citation:
17-1-24-44.]
As added by Acts 1980, P.L.212, SEC.1. Amended by
P.L.127-2017, SEC.32.