18A.125 Control through payroll certification.
(1)
(2)
(3)
(4)
No disbursing or auditing officer of the Commonwealth shall make or approve or
take any part in making or approving any payment for personal service to any
person holding a position in the classified or unclassified service unless the payroll
voucher or account of such pay bears the certification of the secretary, or of his
authorized agent, that the persons named therein have been appointed and employed
in accordance with the provisions of KRS 18A.005 to 18A.200 and the rules,
regulations, and orders thereunder. The secretary may for proper cause or upon
order of the board withhold certification from an entire payroll or from any specific
item or items thereon. The secretary may, however, provide that certification of
payrolls may be made once every six (6) months, 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 his payroll. In the latter case no voucher for payment of
salary to such employee shall be issued or payment of salary made without the
further certification of the secretary.
Any citizen, including public officers, may maintain a suit to restrain a disbursing
officer from making any payment in contravention of any provision of KRS
18A.005 to 18A.200, or of any rule, regulation or order thereunder. Any sum paid
contrary to any provision of KRS 18A.005 to 18A.200 or of any rule, regulation, or
order thereunder may be recovered in an action 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 Treasury.
Any person appointed or employed in contravention of any provision of KRS
18A.005 to 18A.200 or of any rule, regulation, or order thereunder, who performs
service for which he is not paid, may maintain an action against the officer or
officers, employee or employees, who purported so to appoint or employ him, to
recover the agreed pay for such services, or the reasonable value thereof if no pay
was agreed upon. No such officer or employee shall be reimbursed by the
Commonwealth at any time for any sum paid to such person on account of such
services.
If the secretary wrongfully withholds certification of the payroll voucher or account
of any employee, such employee may maintain a proceeding in the Circuit Court in
the county in which he resides to compel the secretary to certify such payroll
voucher or account.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 154, sec. 32, effective July 15, 1998. -- Repealed,
reenacted, and amended as KRS 18A.125, 1982 Ky. Acts ch. 448, sec. 25, effective
July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 6, effective
January 2, 1978. -- Amended 1974 Ky. Acts ch. 308, sec. 17. -- Created 1960 Ky.
Acts ch. 63, sec. 13.
2010-2012 Budget Reference. See State/Executive Branch Budget, 2010 (1st Extra.
Sess.) StateKy. Acts ch. 1, Pt. I, C, 1, (2) at 18.
2010-2012 Budget Reference. See State/Executive Branch Budget, 2010 (1st Extra.
Sess.) StateKy. Acts ch. 1, Pt. I, D, 10, (1) at 28.
Formerly codified as KRS 18.260.
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