§2421. Verification of claims for payment

No fiscal officer shall draw, sign, or issue, or shall authorize the drawing, signing, or issuing of any order or warrant on the treasurer or other disbursing officer for the payment of, nor shall any officer or employee pay, any compensation to any employee in the service, unless a payroll or account for the compensation, containing the name, title, period for which payment is proposed, rate of pay, and amount of payment proposed, is first presented to the fiscal officer authorized to verify claims and approve them for payment and is examined and verified by him or under his authority. The examination and verification shall be for the purpose of establishing the facts that each person named on each payroll or account has been lawfully appointed to a duly authorized and duly created position, and was actually employed on the duties of the position, or was on authorized leave of absence with pay, under the title, at the rate, and for the full period, for which payment is proposed, and is entitled to payment in the amount proposed. The examination and verification shall extend, in connection with each person proposed to be paid as an employee in any position, to:

(1) The fact of lawful creation of the position, as evidenced by the provision of law or appropriation under which the position was created, and a certificate by or for the appointing authority of the actual creation of the position.

(2) The fact of allocation of the position to the class indicated by the title under which payment is proposed to be made, as evidenced by a certificate by the director or under his authority.

(3) The fact of lawful appointment of the person named to the position, under the provisions of this Part, as evidenced by a certificate by or for the appointing authority approved by the director or under his authority.

(4) The fact of continuance of authorized employment in the position, of the person named, as evidenced by the absence of any certificate by or for the director showing termination of the employment or of the authority therefor, or change therein.

(5) The correctness of the rate at which payment is proposed to be made, as evidenced by a certificate by or for the appointing authority approved by the director or under his authority, fixing the rate.

(6) The fact of the actual rendering of service in the position by the person named, or his absence from duty with pay on duly authorized leave, or both, to an extent supporting and justifying the full amount of payment claimed, as evidenced by reports and certificates by or for the appointing authority as to the actual hours of attendance on duty and absence from duty and authorized leaves of absence with pay.

If the director in any case finds that any person has been appointed, transferred, reinstated, continued, or otherwise employed in a position in violation of any provision of this Part or of the rules, he shall so notify the fiscal officer, and thereafter the officer shall not draw, sign, or issue, or authorize the drawing, signing, or issuing of, any warrant on the disbursing officer for the payment of, and no officer shall pay, any compensation to any such person. The fiscal officer responsible for the examination and verification of claims may make further inquiries or investigations and may demand further information or certificates if necessary to establish the facts required for authorization of payment in any case.

Any employee appointed and employed in accordance with this Part, and entitled to payment therefor, may maintain a proceeding by mandamus to compel certification of facts necessary to support his claim, and to compel payment of it. Any person appointed or employed contrary to the provisions of this Part, and the rules thereunder, whose payroll or account is refused certification or payment, may recover from the officer knowing and wilfully appointing or employing, or attempting to appoint or employ him, for the amount due by reason of the employment or purported employment, and the costs of the action. No officer of the city, during the time of his official service or thereafter, shall be reimbursed by the city for any sum paid or recovered in any such action. Any sums paid contrary to the provision of this Part may in an action maintained by any taxpayer for the use and benefit of the city be recovered from

(1) any officer making such appointment or continuing such employment in contravention of the provisions of this Part, and of the rules made in pursuance thereof,

(2) any officer signing or countersigning, or authorizing the signing or countersigning of, any order or warrant for payment or making payment therefor,

(3) the sureties of any such officers on their official bonds.

The city attorney shall institute such proceedings immediately when facts justifying the action are brought to his attention.

In the rendering of certificates and approvals by or for the director and in the examination and verification of accounts by the fiscal officer, the titles and rates of pay of any positions in the classified service, as set forth in any statute or appropriation provided by due authority of law, shall be construed as permissive and merely authorizing the creation of positions such as might properly be designated by such titles and compensated at such rates of pay, but not as mandatory in requiring that such titles shall apply and that such rates of pay shall be paid irrespective of the true nature of the positions created under such authority and of whether such titles and rates are appropriate to the positions as actually constituted. The official title of any position shall be determined by its allocation to its appropriate class under the classification plan in effect, and in no other way. The actual rate and amounts to be paid for employment in any position shall be determined in accordance with the provisions of this Part, and in no other way. No person occupying any position under the provisions of this Part, shall be paid any amount of salary or other compensation, except as provided herein.