Subdivision 1. Accuracy of payroll. The appointing authority shall ensure that all employees have been appointed as required by law, rules, or administrative procedures and that the salary or compensation is within the compensation plan fixed by law. The appointing authority shall ensure that all employees are performing service as required by law. This provision does not apply to positions defined in section 43A.08, subdivision 1, clauses (8), (9), (10), and (12). Employees to whom this subdivision does not apply may be paid on the state's payroll system, and the appointing authority or fiscal officer submitting their payroll register is responsible for the accuracy and legality of the payments.
Salary or compensation claims presented against existing appropriations, which have been deemed in violation of the provisions of this subdivision, may be certified for payment if, upon investigation, the commissioner determines the personal services for which payment is claimed actually have been rendered in good faith without collusion and without intent to defraud.
Subd. 2. Salaries paid contrary to provisions recovered from appointing employee. Any sum intentionally paid contrary to the provisions of this section may be recovered from any employee making the appointments in contravention of the provisions of law or the rules, or from any employee signing or countersigning or authorizing the signing or countersigning of any warrant for the payment of the sum, or from the sureties on the official bond of any employee, in an action maintained by the commissioner in the district court of any county within the state. All money recovered in any action brought under this section when collected shall be paid into the state treasury.
Subd. 3. Action against appointing employees; not reimbursed for sums paid. Any person appointed contrary to the provisions of this chapter and the rules, whose payroll or account is refused certification, shall have an action against the employee employing or appointing or attempting to appoint the person for the amount due by reason of the employment or purported employment and the costs of the action. No employee, during the time of official service, or thereafter, shall be reimbursed by the state for any sum recovered in any court action under subdivision 2.
1981 c 210 s 37; 1982 c 560 s 34; 1990 c 571 s 37; 1991 c 238 art 1 s 6; 1994 c 632 art 3 s 47
Structure Minnesota Statutes
Chapter 43A — State Employment
Chapter 43A — State Personnel Management
Section 43A.04 — General Powers And Responsibilities Of Commissioner.
Section 43A.045 — Restructuring.
Section 43A.046 — Staff Reductions.
Section 43A.047 — Contracted Services.
Section 43A.05 — Powers And Responsibilities; Personnel.
Section 43A.06 — Powers And Responsibilities; Labor Relations.
Section 43A.07 — Classified Service.
Section 43A.071 — Service Worker.
Section 43A.08 — Unclassified Service.
Section 43A.10 — Selection Process; Eligibility To Compete.
Section 43A.11 — Veteran's Preference.
Section 43A.111 — Noncompetitive Appointment Of Certain Disabled Veterans.
Section 43A.121 — Ranking Of The Applicant Pool.
Section 43A.14 — Appointments.
Section 43A.15 — Noncompetitive And Qualifying Appointments.
Section 43A.16 — Probationary Periods.
Section 43A.17 — Salary Limits, Rates, Ranges And Exceptions.
Section 43A.18 — Total Compensation; Collective Bargaining Agreements; Plans.
Section 43A.181 — Unreimbursed Medical Costs Vacation Donation Program.
Section 43A.1815 — Vacation Donation To Sick Leave Account.
Section 43A.183 — Payment Of Salary Differential To Reserve Forces Who Report For Active Service.
Section 43A.184 — Sick Leave For Veterans With Service-related Disabilities.
Section 43A.185 — Disaster Volunteer Leave.
Section 43A.187 — Blood Donation Leave.
Section 43A.19 — Affirmative Action.
Section 43A.191 — Agency Affirmative Action Programs.
Section 43A.20 — Performance Appraisal And Pay.
Section 43A.21 — Training Programs.
Section 43A.22 — Benefits; Intent.
Section 43A.23 — Contracting Authority.
Section 43A.231 — Procurement Of A Pharmacy Benefit Manager And A Platform Technology Vendor.
Section 43A.24 — Eligibility For State Paid Insurance And Benefits.
Section 43A.241 — Insurance Contributions; Former Employees.
Section 43A.26 — Optional Coverages.
Section 43A.27 — Eligibility For Individual Paid Insurance And Benefits.
Section 43A.29 — Contributions By State.
Section 43A.30 — Payment Of Premiums.
Section 43A.31 — Administration.
Section 43A.311 — Drug Purchasing Program.
Section 43A.315 — State Employee Efficient Use Of Health Care Incentive Program.
Section 43A.316 — Public Employees Insurance Program.
Section 43A.317 — Minnesota Employees Insurance Program.
Section 43A.318 — Public Employees Group Long-term Care Insurance Program.
Section 43A.319 — Employee Assistance Program.
Section 43A.32 — Political Activities.
Section 43A.321 — Volunteer Firefighter And Rescue Workers; Agreements.
Section 43A.325 — Best Practices For Investigations.
Section 43A.345 — Early Retirement Incentive.
Section 43A.346 — Postretirement Option.
Section 43A.35 — Death Benefit For Retired Employees.
Section 43A.36 — Relationships With Other Agencies And Jurisdictions.
Section 43A.375 — Deduction For Expenses; Fraud Or Mistake.
Section 43A.38 — Code Of Ethics For Employees In The Executive Branch.
Section 43A.39 — Compliance With Law.
Section 43A.421 — Supported Work Program.
Section 43A.48 — Pretax Expense Accounts.
Section 43A.49 — Voluntary Unpaid Leave Of Absence.
Section 43A.50 — State Employee Combined Charities Campaign Registration.