14-509. Funds; obligation and expenditure; violations; liability of officers; actions to recover; duty of city attorney.

284 words·~1 min read·/ne/chapter-14/14-509

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

(1)It shall be malfeasance in office for any officer of a city of the metropolitan class to:

(a)Attempt to incur, to incur, to attempt to pay, or to pay any obligation prohibited by sections 14-501 to 14-508 ; or

(b)Attempt to transfer, to transfer, or to use any of the money or credits appropriated to a fund, to another fund or to other and different purposes and uses than for which such money or credits were appropriated.

(2)The creation or attempted creation of obligations not authorized by sections 14-101 to 14-2004 or prohibited by such sections shall render the members of the city council voting for such obligations liable to the city for the amount of the obligation so created or the amount of money or credits unlawfully diverted or used, and voting for such obligations shall be prima facie evidence of malfeasance in office.

(3)The city attorney shall enforce by suit in the courts of the state such liability against the delinquent officers and the sureties on their bonds. In the event of the refusal or failure of the city attorney to proceed as provided in this section, any taxpayer may demand in writing that the city attorney proceed as provided in this section, and on the city attorney's failure so to do within thirty days of such demand, such taxpayer may commence the action provided for in this section on the part of the city attorney in the name of the taxpayer and prosecute such action to final judgment. The taxpayer shall, however, as a condition of the right to commence and prosecute such suit, give such security for costs as may be directed by the court.