A state disbursing or auditing officer shall not make or approve or take part in making or approving a payment for personal service to any person unless the payroll voucher or account of the pay bears the certification of the director, or of the director's authorized agent, that the persons named have been appointed and employed in accordance with this chapter and the rules and orders under it, and that funds are available for the payment of the persons.
The director may for proper cause withhold certification from an entire payroll or from any specific item or items thereon. The director may, however, provide that certification of payrolls may be made once every six 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 the officer's or employee's payroll. In the latter case no voucher for payment of salary to such employee shall be issued or payment of salary made without further certification by the director.
Any citizen may maintain an action in accordance with the terms of the Iowa administrative procedure Act to restrain a disbursing officer from making any payment in contravention of any provision of this chapter, rule or order thereunder. Any sum paid contrary to any provision of this chapter or any rule or order thereunder may be recovered in an action in accordance with the terms of the Iowa administrative procedure Act 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 state treasury.
Any person appointed or employed in contravention of any provision of this chapter or of any rule or order thereunder who performs service for which the person is not paid, may maintain an action in accordance with the terms of the Iowa administrative procedure Act against the officer or officers who purported so to appoint or employ the person to recover the agreed pay for such services or the reasonable value thereof if no pay was agreed upon. No officer shall be reimbursed by the state at any time for any sum paid to such person on account of such services.
If the director wrongfully withholds certification of the payroll voucher or account of any employee, such employee may maintain a proceeding in accordance with the terms of the Iowa administrative procedure Act in the courts to compel the director to certify such a payroll voucher or account.
[C71, 73, 75, 77, 79, 81, § 19A.13]
86 Acts, ch 1245, § 214
Referred to in § 19A.24
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Last update: Thu Mar 18 15:00:31 CST 1999