§ 45-9-11. Expenditures in excess of appropriations prohibited.
(a) No official of a city, town, or fire district that is subject to the jurisdiction
of a fiscal overseer, budget commission, or receiver, except in the case of an emergency
involving the health and safety of the people or the people's property declared by
the city or town council or fire district governing body, shall knowingly expend,
or cause to be expended, in any fiscal year any sum in excess of that official's departmental
or other governmental unit's appropriation duly made in accordance with the law, nor
commit the city, town, or fire district, nor cause it to be committed, to any obligation
for the future payment of money in excess of that appropriation, with the exception
of court judgments.
(b) An official who intentionally violates this section shall be personally liable to
the city, town, or fire district for any amounts expended in excess of an appropriation
to the extent that the city, town, or fire district does not recover such amounts
from the person or persons to whom such amounts were paid and shall not be indemnified
by the city, town, or fire district for any such amounts. The superior court shall
have jurisdiction to adjudicate claims brought by the city, town, or fire district,
or on the city's, town's, or fire district's behalf by a budget commission established
under this chapter, and to order relief that the court finds appropriate to prevent
further violations of this section. A violation of this section shall be sufficient
cause for removal.
(c) For the purposes of this section, the word "official� shall mean a city, town, or
fire district department head, permanent, temporary, or acting, including the superintendent
of schools, and all members of municipal boards, committees, including the school
committee, and commissions that recommend, authorize, or approve the expenditure of
funds, and the word "emergency� shall mean a major disaster, including, but not limited
to, flood, drought, fire, hurricane, earthquake, storm or other catastrophe, whether
natural or otherwise, that poses an unexpected and immediate threat to the health
and safety of persons or property.