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18A.125 Control through payroll certification.
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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.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, C, 2, (2) at 628.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, D, 10, (1) at 636.
Formerly codified as KRS 18.260.
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