2006 Code of Virginia § 22.1-122 - Approval and payment of claims; warrants; prohibited acts

22.1-122. Approval and payment of claims; warrants; prohibited acts.

A. Except as provided in 22.1-122.1, a school board shall examine allclaims against it and, when approved, shall order or authorize the paymentthereof. A record of such approval and order or authorization shall be madein the minutes of the school board. Payment of each claim shall be ordered orauthorized by a warrant drawn on the treasurer or other officer charged bylaw with the responsibility for the receipt, custody and disbursement of thefunds of the school board. The warrant shall be signed by the chairman orvice-chairman of the school board, countersigned by the clerk or deputy clerkthereof, made payable to the person or persons, firm or corporation entitledto receive such payment and recorded in the form and manner prescribed by theBoard of Education. There shall be stated on the face of the warrant thepurpose or service for which such payment is drawn and the date of the orderentered or authority granted by the school board.

B. A school board may, in its discretion by resolution, appoint an agent, anda deputy agent to act for the agent in his absence or inability to performthis duty, to examine and approve such claims and, when approved by him orhis deputy, to order or authorize the payment thereof. A record of suchapproval and order or authorization shall be made and kept with the recordsof the school board. Payment of each such claim so examined and approved bysuch agent or his deputy shall be ordered or authorized by a warrant drawn onthe treasurer or other officer charged by law with the responsibility for thereceipt, custody, and disbursement of the funds made available to the schoolboard. The warrant shall be signed by such agent or his deputy andcountersigned by the clerk or deputy clerk of the school board, payable tothe person or persons, firm or corporation entitled to receive such payments;provided, however, that when the agent appointed by the school board is thedivision superintendent and the division superintendent and clerk is one andthe same person, all such warrants shall be countersigned by the chairman orvice-chairman of the school board and when the deputy agent and deputy clerkis one and the same person, the warrant shall be countersigned by either theclerk or the agent of the school board. There shall be stated on the face ofthe warrant the purpose or service for which such payment is made and alsothat such warrant is drawn pursuant to authority delegated to such agent orhis deputy by the school board on the . . . . . day of . . . . . . .. Theschool board shall require such agent and his deputy to furnish a corporatesurety bond conditioned upon the faithful performance and discharge of theduties herein assigned to each such official. The school board shall fix theamount of such bond or bonds and the premium therefor shall be paid out ofthe funds made available to the school board.

C. The school board of any school division composed of a county may provide,by resolution, for the drawing of special warrants in payment ofcompensation, when such compensation has been earned and is due, for (i) allemployees and school bus operators under written contract, (ii) upon receiptof certified time sheets or other evidence of service performed, the paymentof all other employees whose rates of pay have been established by the schoolboard or its properly delegated agent, and (iii) for payment on contracts forschool construction projects according to the terms of such contracts. Allsuch special warrants so authorized shall be signed by the clerk or deputyclerk of the school board and countersigned by the division superintendent orthe chairman or vice-chairman of the school board. When the divisionsuperintendent and clerk is one and the same person, such special warrantsshall be countersigned by such chairman or vice-chairman. Such payrolls andcontracts so paid shall be reviewed and approved by the school board at itsnext regular meeting.

D. Any warrant provided for in this section may be converted into anegotiable check when the name of the bank upon which the funds stated in thewarrant are drawn or by which the check is to be paid is designated upon itsface and is signed by the treasurer or other officer charged by law with theresponsibility for the receipt, custody and disbursement of the funds of theschool board.

E. The acts prohibited by 15.2-1244 with respect to the ordering of theissuance of warrants by a board of supervisors and the signing andcountersigning of such warrants by the clerk, deputy clerk, chairman, andvice-chairman of such board shall apply to the ordering of the issuance ofwarrants by a school board and to the signing and countersigning thereof bythe chairman, vice-chairman, clerk, deputy clerk, agent and deputy agent ofthe school board. Any clerk, deputy clerk, agent, deputy agent or member ofany school board who violates any provision of this section shall be guiltyof both a Class 3 misdemeanor and malfeasance in office.

(Code 1950, 22-73, 22-75, 22-76, 22-77, 22-78, 22-97; 1954, c. 291; 1959,Ex. Sess., c. 79, 1; 1968, c. 501; 1971, Ex. Sess., c. 161; 1972, c. 426;1975, cc. 308, 328; 1978, c. 430; 1980, c. 559; 1989, c. 179.)