Code of Alabama - Title 45: Local Laws - Section 45-49-120.27 - Certification of payroll

Section 45-49-120.27 - Certification of payroll.

(a) It shall be unlawful for any county or city official, officer, or employee, or any other officer, to pay or to cause to be paid any salary or compensation to any person in the classified service for personal services unless the payroll, estimate, voucher, or account for salary or compensation, containing the name of the person to be paid shall bear the certification of the personnel director or the financial officer of the jurisdiction where the employee is employed, that the person or persons named therein are legally entitled to receive the sums stated therein. Any sum paid contrary to this part or of any rule, regulation, or order thereunder may be recovered in an action maintained in the name of the county or city or jurisdiction by the applicable county or city attorney or by any citizen or taxpayer of the jurisdiction, from any officer who made, approved, or authorized the payment or who signed or countersigned a voucher, payroll, check, or warrant for the payment or from the sureties on the official bond of any officer.

(b) The Personnel Director of the Mobile County Personnel Board shall establish a system to audit the payrolls of those various jurisdictions certifying their own payroll on a periodic basis which shall be at least four times per year. Should any audit reveal any monies to be wrongfully paid, the payments shall be reported to the respective jurisdiction which shall take legal action as may be necessary to recover any funds improperly paid. Failure of the official to take action to recover funds improperly disbursed shall be reported to the District Attorney of Mobile County. Notwithstanding the foregoing, the personnel director shall continue to certify the payrolls of any jurisdictions requesting certification.

(Acts 1939, No. 470, p. 298, § 28; Acts 1947, No. 430, p. 287, § 1; Act 2004-105, p. 145, § 1.)

Last modified: May 3, 2021