§ 2-46. Certification of payrolls.

(a)

No elected official 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 County classified service unless the payroll bears the certification of the Director, or his authorized agent, that the persons named therein have been appointed and employed in accordance with the provisions of this law and the rules, regulations and order thereunder. 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 (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 payment of salary to such employee shall be made without further certification by the Director.

(b)

Any person appointed or employed in wilful contravention of any provision of this law or of any rule, regulation or order thereunder who performs service for which he is not paid, may maintain an action against the person or persons who purported so to appoint or employ him to recover the agreed pay for such services, or the reasonable value thereof, if no pay is agreed upon. No officer shall be reimbursed by the County or out of monies of his office at any time for any sum paid to such person on account of such services.

(c)

If the Director wrongfully withholds certification of the pay of an employee, such employee may maintain a proceeding in the courts to compel the Director to certify such payroll.

(Ch. 30255, § 12, Laws 1955)