18A.125 Control through payroll certification.

441 words·~2 min read·/ky/chapter-18a/18a-125

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)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.

(2)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.

(3)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.

(4)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.